Federal Act on Public Procurement (PPA) (PPA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Subjective Scope
Art. 4 Contracting authorities
1 The following are subject to this Act as contracting authorities: a. administrative units of the central and decentralised Federal Administration in accordance with Article 2 of the Federal Act of 21 March 1997 on the Organisation of the Government and the Administration and the associated implementing provisions that apply at the time of the invitation to tender; b. federal judicial authorities; c. the Office of the Attorney General of Switzerland; d. Parliamentary Services. 2 Public and private undertakings that provide public services and that have exclusive or special rights are subject to this Act if they carry out activities in one of the following sectors in Switzerland: a. the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water, or the supply of drinking water to such networks; b. the provision or operation of fixed networks intended to provide a service to the publ
Para. 1 let. a — SR 172.010 Para. 2 let. e — SR 783.0
Art. 5 Applicable law
1 If several contracting authorities subject to federal and cantonal law participate in a procurement, the law of the community whose contracting authority provides the most financing applies. If the total cantonal share outweighs the federal share, this Act does not apply. 2 Several contracting authorities involved in a procurement may, by mutual agreement, make a joint procurement subject to the law of one of the contracting authorities involved, in derogation from the above principles. 3 Public and private undertakings that have been granted exclusive or special rights by the Confederation or that perform tasks in the national interest may choose whether to subject their procurements to the law of their place of business or to federal law.
Art. 6 Tenderers
1 Under this Act, tenderers from Switzerland are permitted to submit a tender, as are tenderers from countries with which Switzerland has undertaken to grant market access on a contractual basis, provided such countries have undertaken the same commitment to Switzerland. 2 Outside the scope of international treaties, foreign tenderers are permitted to submit a tender if their countries of origin grant reciprocal rights or if the contracting authority so permits. 3 The Federal Council shall keep a list of the countries that have undertaken to grant market access to Switzerland. The list shall be updated periodically.
Art. 7 Exemption from subjection
1 If there is effective competition in the market for a sector under Article 4 paragraph 2, the Federal Council, acting on a proposal from a contracting authority or the Intercantonal Public Procurement Body (InöB), shall issue an ordinance exempting procurements in this market from being subject to this Act in whole or in part. 2 Before issuing its ordinance, the Federal Council shall consult the Competition Commission, the Intercantonal Public Procurement Body and the business circles concerned. The Competition Commission may publish its expert opinion, provided it pays due regard to commercial secrecy.
Section 2 Objective Scope
Art. 8 Public contract
1 A public contract is a contract that is entered into by the contracting authority and the tenderer for the performance of a public task. It involves the payment of money in return for the supply of goods, work or services, with these characteristic supplies being provided by the tenderer. 2 A distinction is made between the following supplies: a. construction work; b. supplies of goods; c. services. 3 Mixed contracts comprise various supplies in accordance with paragraph 2 and form an overall transaction. The overall transaction is categorised based on the financially predominant supply. Supplies may not be mixed or bundled with the intention or effect of circumventing the provisions of this Act. 4 Within the scope of international treaties, supplies in accordance with Annexes 1 to 3 are subject to this Act if they reach the threshold values in section 1 of Annex 4. 5 Public contracts outside the scope of international treaties and the special provisions applicable thereto are listed
Art. 9 Delegation of public tasks and granting of concessions
The delegation of a public task or the granting of a concession is deemed to be a public contract if it gives the tenderer exclusive or special rights which the tenderer exercises in the public interest and for which the tenderer receives remuneration or compensation directly or indirectly. The provisions of special legislation remain reserved.
Art. 10 Exceptions
1 This Act does not apply to: a. the procurement of goods, work and services with a view to commercial sale or resale, or with a view to use in the production or supply of goods, work and services for commercial sale or resale; b. the acquisition, rental or leasing of land, buildings and installations, and the corresponding rights thereto; c. the granting of financial assistance in accordance with the Federal Act of 5 October 1990 on Financial Assistance and Subsidies; d. contracts for financial services relating to the issuance, purchase, sale, transfer or management of securities or other financial instruments and central bank services; e. contracts with institutions for the disabled, work integration organisations, charities and penal institutions; f. contracts under personnel law; g. the following legal services: 1. representation of the Confederation or a federal public corporation by a lawyer in national or international arbitration, conciliation or court proceedings and associat
Para. 1 let. c — SR 616.1