Avoiding exclusion: how bids are checked

Form and deadline

Bids must be submitted in writing, complete and on time as the tender specifies, and electronically only if it provides for that (PPA Art. 34). The contracting authority first checks these formal requirements; it corrects obvious arithmetic errors of its own accord (PPA Art. 38 para. 1).

Explanations

The contracting authority can ask you to explain your bid and records the request and the answers in writing (PPA Art. 38 para. 2). Answer within the deadline set and to the question asked.

Abnormally low price

If the total price of a bid seems abnormally low compared with the others, the contracting authority must check whether the participation conditions are met and the requirements understood (PPA Art. 38 para. 3). If the bidder cannot show this on request and offers no guarantee of performing as contracted, it can be excluded (PPA Art. 44 para. 2 let. c).

So keep your calculation ready and easy to follow.

Adjustment

The contracting authority may adjust bids with the bidders when only this can clarify the contract or the bids or make them comparable, or when changes to the work are objectively necessary (PPA Art. 39 paras. 1 and 2). It may only ask for a price adjustment in these cases (PPA Art. 39 para. 3). It records the result in minutes (PPA Art. 39 para. 4).

Grounds for exclusion

The law lists the grounds on which the contracting authority can exclude a bidder (PPA Art. 44 para. 1). For your submission these matter most:

• The conditions for taking part are not or no longer met (let. a).
• The bid has significant formal defects or departs significantly from binding requirements of the tender (let. b).
• Taxes or social security contributions due are not paid (let. g).
• The bidder was involved in preparing the procurement, and the advantage cannot be offset (let. i).

Further grounds and legal protection

Where there are sufficient indications, the contracting authority can also exclude, for example for untrue or misleading statements or for unlawful agreements affecting competition (PPA Art. 44 para. 2 let. a and b). The IAPP provides these grounds in the same way for cantons and communes (IAPP Art. 44).

An exclusion is a decision you can appeal within 20 days (PPA Art. 53 para. 1 let. h and Art. 56 para. 1).

Variants and partial bids

You may submit variants in addition to the bid for the work described, unless the tender restricts or excludes them (PPA Art. 33 para. 1). A variant comes on top of the main bid. As a rule you submit a bid for the whole (PPA Art. 32 para. 1); whether partial bids are allowed is stated in the tender (PPA Art. 35 let. e).

Checklist before submitting

• All forms in the required order, complete and signed.
• All required proofs attached and still valid.
• Work and price separated if two envelopes are required (PPA Art. 35 let. l).
• No conditions or reservations of your own that depart from binding requirements.
• Prices recalculated: the total price matches the items.
• Arrival before the deadline planned, with a buffer.
• In TEXFY the checkpoints and the criteria check of the bid help you not to forget anything.