Federal Act on Public Procurement (PPA) Art. 38

Zusammenfassung der Rechtsnorm PPA:

Art. 38 PPA from 2024

Art. 38 Verification of tenders

¹ The contracting authority verifies the tenders received for compliance with the formal requirements. It corrects any obvious calculation errors.

² The contracting authority may require tenderers to explain their tenders. It keeps a written record of the request and the answers.

³ If a tender is received with a total price that appears unusually low in comparison with the other tenders, the contracting authority must obtain appropriate information from the tenderer as to whether the participation conditions have been complied with and whether the other requirements of the invitation to tender have been understood.

⁴ If supply and price tenders must be submitted in two separate envelopes, the awarding office first prepares a ranking according to the quality of the tenders. In a second step, it evaluates the total prices.