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Federal Act on Public Procurement (PPA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
of 21 June 2019 (Status as of 1 January 2022)
Art. 39Adjustment of tenders
1 The contracting authority may work with the tenderers to adjust the tenders with regard to the goods, work or services and the arrangements for their provision in order to determine the most advantageous tender.
2 An adjustment takes place only if:
a.
this is the only way to clarify the contract or the tenders or to make the tenders objectively comparable in accordance with the award criteria; or
b.
supply changes are objectively and materially necessary, whereby what is to be supplied, the criteria and the specifications may not be adapted in such a way that the characteristic supply or the potential group of tenderers changes as a result.
3 A call for price adjustments is permitted only in connection with the circumstances described in paragraph 2.
4 The contracting authority logs the results of the adjustment.