Ordinance on Public Procurement (PPO) (PPO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 5 Invitation procedure
(Art. 20 of the PPA) The contracting authority shall invite at least one tenderer belonging to another language region of Switzerland, if this is possible and reasonable.
Art. 6 Dialogue
(Art. 24 of the PPA) 1 The contracting authority shall, if possible, select at least three tenderers which it invites to participate in the dialogue. 2 The process of the dialogue, including duration, deadlines, compensation and use of intellectual property rights, shall be set out in a dialogue agreement. Acceptance of the dialogue agreement is a prerequisite for participation in the dialogue. 3 Both during a dialogue and following the award of the contract, no information on solutions and procedures of the individual tenderers may be disclosed without the written consent of the tenderer concerned.
Art. 7 Description of goods, work and services
(Art. 36 let.b of the PPA) 1 The contracting authority shall describe the requirements of the goods or services, in particular their technical specifications in accordance with Article 30 of the PPA, in as much detail and as clearly as necessary. 2 Instead of a description in accordance with paragraph 1, it may specify the objective of the procurement.
Art. 8 Questions concerning the tender documentation
(Art. 36 of the PPA) 1 The contracting authority may specify in the tender documentation a deadline by which questions may be accepted. 2 It shall make all questions concerning the tender documentation anonymous and make the questions and answers available to all tenderers at the same time within a few working days after the deadline for submitting questions.
Art. 9 Compensation for tenderers
(Art. 24 para. 3 let. c as well as 36 let. h of the PPA) 1 Tenderers are not entitled to compensation for participation in a procedure. 2 If the contracting authority requires advance goods or services that exceed the normal expenditure, it shall state in the tender documentation whether and how it compensates for such advance goods or services.
Art. 10 Documentation duties
(Art. 37, 38, 39 para. 4 and 40 para. 1 of the PPA) 1 The opening and evaluation of tenders shall be documented by the contracting authority in a comprehensible manner. 2 The adjustment log shall contain at least the following information: a. place; b. date; c. names of the participants; d. adjusted elements of the tender; e. results of the adjustment.
Art. 11 Conclusion of the contract
(Art. 42 of the PPA) 1 The contracting authority shall conclude the contract in writing. 2 It shall apply its general terms and conditions unless the nature of the goods or services requires special contractual terms and conditions.
Art. 12 Debriefing
(Art. 51 of the PPA) 1 The contracting authority shall conduct a debriefing with an unsuccessful tenderer at its request. 2 In the debriefing, the principal reasons, in particular, for not selecting the tender shall be given. Confidentiality in accordance with Article 51 paragraph 4 of the PPA must be ensured.
