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Art. 18 Interkantonale Vereinbarung über das öffentliche Beschaffungswesen (IVöB) - Offenes Verfahren
Vergabeverfahren
Art. 18 IVöB · Offenes Verfahren
1. Im offenen Verfahren schreibt der Auftraggeber den Auftrag öffentlich aus.
2. Alle Anbieter können ein Angebot einreichen.
Gerichtsentscheide zu dieser Bestimmung (10)
60/2005/20 · sh (Art. 18 Abs. 1 IVöB)
Violation of Transparency in Award Criteria Voids Decision
Cited as the basis for the court's decision on whether to decide the merits itself or remit the case to the awarding authority upon annulment of the award decision.
60/2008/38 · sh (Art. 18 Abs. 1 IVöB)
Contract Award Overturned Due to Flawed Scoring Formula and Incorrect Factual Basis
Cited in the dispositive section (order 6) regarding the court's power to decide the case itself or remit it to the awarding authority upon annulment of the decision.
60/2013/26 · sh (Art. 18 Abs. 1 IVöB)
Appeals Court Overturns Contract Award Based on Incorrect Apprentice Training Score Calculation
Cited to confirm the court's authority to decide the matter directly when setting aside the award decision because no further clarifications are necessary.
p/Nr/60/2018/23/p · sh (Art. 18 Abs. 2 IVöB)
Unlawful Public Procurement Award Due to Lack of Disclosure and Impermissible Bid Modification
Cited as the legal basis for the court to establish the unlawfulness of the award decision under secondary legal protection.
60/2003/55 · sh (Art. 18 Abs. 2 IVöB)
Municipal Procurement Dispute: Unannounced Evaluation Criteria Change and Contract Award Timing
The court notes that it can only establish the unlawfulness of the contested decision if the appeal proves to be well-founded, given that the contract was already concluded.
60/2016/29 · sh (Art. 18 Abs. 1 IVöB)
Award Authority Violated Transparency by Penalizing Key Personnel Based on Age
Cited as the basis for the court's power to decide the matter itself or remand it for a new decision following the annulment of the original award decision.
60/2018/45 · sh (Art. 18 Abs. 1 IVöB)
School Furniture Procurement Award Overturned Due to Insufficient Documentation and Flawed Evaluation Methodology
Basis for the decision to annul the award and remit the matter for re-evaluation of the award criterion Z1.
60/2019/17 · sh (Art. 18 Abs. 1 IVöB)
Procurement Award Overturned Due to Non-Conforming Technical Specification and Lack of Capability
The award decision is overturned and the contract is awarded to the appellant because the counterparty was excluded from the procedure.
60/2003/46 · sh (Art. 18 Abs. 1 IVöB)
Improper Post-Deadline Bid Alteration Vitiates Public Procurement Award
The Court used this article to justify returning the case to the awarding authority instead of deciding on the merits itself.
60/2004/38 · sh (Art. 18 Abs. 2 IVöB)
Challenge to Unlawful Direct Award of Castle Renovation Services
Cited in the dispositive as the basis for only being able to establish the illegality of the award decision since the contract had already been concluded.