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.
Art. 11 Procedural principles
When awarding public contracts, the contracting authority shall observe the following procedural principles: a. It shall carry out award procedures transparently, objectively and impartially. b. It shall take measures against conflicts of interest, unlawful agreements affecting competition and against corruption. c. It shall ensure equal treatment of tenderers at all stages of the procedure. d. It shall dispense with bidding rounds. e. It shall safeguard the confidential nature of the information provided by tenderers.
Art. 12 Compliance with workplace health and safety regulations, terms and conditions of employment, equal pay for men and women, and environmental law
1 For goods, work and services to be provided in Switzerland, the contracting authority shall award a public contract only to tenderers that comply with the workplace health and safety regulations and the terms and conditions of employment applicable at the place of performance, the notification and authorisation duties in accordance with the Federal Act of 17 June 2005 on Measures to Combat Illegal Employment (IEA) and the provisions on the equal treatment of men and women in terms of equal pay. 2 For goods, work and services to be provided abroad, the contracting authority shall award a public contract only to tenderers that comply as a minimum with the Core Conventions of the International Labour Organization (ILO) in accordance with Annex 6. In addition, the contracting authority may require compliance with other important international labour standards, as well as appropriate evidence, and may arrange for checks to be carried out. 3 The contracting authority shall award a public c
Para. 1 — SR 822.41
Art. 13 Recusal
1 Persons may not participate in the award procedure on the contracting authority's behalf or in a panel of experts if they: a. have a personal interest in a contract; b. are connected to a tenderer or a member of one of its governing bodies by marriage or registered partnership, or cohabit de facto with this party; c. are related to a tenderer or a member of one of its governing bodies by blood or by marriage in a direct line or collaterally to the third degree; d. are representatives of a tenderer or worked for a tenderer on the same matter; or e. lack the independence necessary to carry out public procurements for other reasons. 2 A recusal request must be submitted immediately after the reason for recusal becomes known. 3 Decisions on recusal requests are made by the contracting authority or the panel of experts, excluding the person concerned.
Art. 14 Prior involvement
1 Tenderers that were involved in the preparation of an award procedure are not permitted to submit a tender if the competitive advantage that they gain cannot be offset by appropriate means and if the exclusion does not jeopardise effective competition between tenderers. 2 Appropriate means of offsetting the competitive advantage include in particular: a. the disclosure of all material information about the preparatory work; b. the disclosure of the parties involved in the preparatory work; c. the extension of minimum deadlines. 3 Any market clarification by the contracting authority prior to the public invitation to tender does not lead to prior involvement of the tenderers in question. The contracting authority discloses the results of the market clarification in the tender documentation.
Art. 15 Determining the value of the contract
1 The contracting authority shall estimate the probable value of the contract. 2 A public contract may not be split up in order to circumvent provisions of this Act. 3 When estimating the value of the contract, all of the goods, work and services to be put out to tender, as well as remuneration that is closely related materially or legally, must be taken into account. All remuneration components must be taken into account, including extension options and options for subsequent contracts, as well as all expected premiums, fees, commissions and interest, excluding value added tax. 4 In the case of fixed-term contracts, the contract value is calculated on the basis of the total remuneration over the entire term, including any extension options. As a rule, the fixed term may not exceed 5 years. A longer term may be envisaged in justified cases. 5 For open-ended contracts, the contract value is calculated by multiplying the monthly remuneration by 48. 6 In the case of contracts for goods, w