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. 26 Participation conditions
1 During the award procedure and the execution of the contract to supply the goods, work or services, the contracting authority shall ensure that the tenderer and its subcontractors fulfil the participation conditions, particularly the requirements set out in Article 12, have paid the taxes and social security contributions due and refrain from entering into any unlawful agreements affecting competition. 2 It may require the tenderer to provide evidence of compliance with the participation conditions, specifically by means of a self-declaration or inclusion on a list. 3 It states what evidence must be submitted and when in the invitation to tender or in the tender documentation.
Art. 27 Eligibility criteria
1 The contracting authority shall set out the tenderer eligibility criteria in full in the invitation to tender or in the tender documentation. The criteria must be objectively necessary and verifiable for the procurement project. 2 The eligibility criteria may relate in particular to the tenderer's professional, financial, economic, technical and organisational capacity, as well as to its experience. 3 The contracting authority shall specify what evidence must be submitted and when in the invitation to tender or in the tender documentation. 4 It may not impose the condition that the tenderer has already received one or more public contracts from a contracting authority subject to this Act.
Art. 28 Lists
1 The contracting authority may keep a list of tenderers that meet the requirements for receiving public contracts by virtue of their eligibility. 2 The following information must be published on the internet platform of the Confederation and the cantons: a. the source of the list; b. information on the criteria to be met; c. verification methods and conditions for inclusion on the list; d. period of validity and procedure for renewing inclusion on the list. 3 A transparent procedure must ensure that it is possible at any time to request inclusion, to examine or verify eligibility, and to place a tenderer on the list or delete it from it. 4 Tenderers that are not included on a list are also permitted to participate in a specific procurement project if they provide proof of their eligibility. 5 If the list is deleted, the tenderers listed shall be informed.
Art. 29 Award criteria
1 The contracting authority evaluates the tenders using performance-related award criteria. In compliance with Switzerland's international obligations, it shall in particular take into account, besides the price and quality, criteria such as appropriateness, timeframes, technical value, economic efficiency, life cycle costs, aesthetics, sustainable development, plausibility of the tender, the different price levels in the countries where the supply is provided, reliability of the price, creativity, customer service, delivery conditions, infrastructure, innovation content, functionality, service readiness, expertise or efficiency of the methodology. 2 Outside the scope of international treaties, the contracting authority may additionally take into account the extent to which the tenderer provides apprenticeships places, jobs for older employees or jobs to reintegrate long-term unemployed people. 3 The contracting authority shall indicate the award criteria and their weighting in the inv
Art. 30 Technical specifications
1 The contracting authority shall set out the required technical specifications in the invitation to tender or in the tender documentation. These describe the characteristics of what is to be procured, such as function, performance, quality, safety, security, dimensions and production processes, and regulate the labelling and packaging requirements. 2 When setting out the technical specifications, the contracting authority shall rely as far as possible and appropriate on international standards, or failing that on technical regulations used in Switzerland, recognised national standards or industry recommendations. 3 Certain companies or trademarks, patents, copyrights, designs or types, and references to a specific origin or to specific producers are not permitted as technical specifications, unless there is no other sufficiently precise or comprehensible way of describing the goods, work or services and the contracting authority includes the words "or equivalent" in the tender documen
Para. 4 — Amended by No II 1 of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).
Art. 31 Bidding consortia and subcontractors
1 Bidding consortia and subcontractors are permitted, provided the contracting authority does not exclude or restrict this possibility in the invitation to tender or in the tender documentation. 2 Multiple tenders by subcontractors or multiple tenderers in the context of consortia are possible only if they are expressly permitted in the invitation to tender or in the tender documentation. 3 The characteristic supply generally has to be provided by the tenderer.
Art. 32 Lots and partial supplies
1 The tenderer has to submit a complete tender for what is to be procured. 2 The contracting authority may divide the procurement item into lots and award them to one or more tenderers. 3 If the contracting authority has formed lots, tenderers may submit a tender for several lots, unless the contracting authority has provided otherwise in the invitation to tender. It may stipulate that a single tenderer may receive only a limited number of lots. 4 If the contracting authority reserves the right to require tenderers to cooperate with third parties, it announces this in the invitation to tender. 5 The contracting authority may reserve the right to award contracts for partial supplies in the invitation to tender.
Art. 33 Variants
1 Tenderers are free to propose variants in addition to the goods, work or services described in the invitation to tender. The contracting authority may limit or exclude this possibility in the invitation to tender. 2 A variant is any tender that allows the aim of the procurement to be achieved in a way that is different from that envisaged by the contracting authority.
Art. 34 Formal requirements
1 Tenders and requests to participate must be submitted in writing, in full and by the deadline as specified in the invitation to tender or in the tender documentation. 2 They may be submitted electronically if this is provided for in the invitation to tender or tender documentation and the requirements defined by the contracting authority are complied with.