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. 24 Price checking
1 In the absence of competition, the contracting authority may agree with the tenderer on a right to inspect the calculation if the value of the contract is worth CHF 1 million or more. 2 The price may be checked by the competent internal audit unit or by the Swiss Federal Audit Office (SFAO) at the premises of the tenderer and subcontractors. In the case of foreign tenderers or foreign subcontractors, the competent internal audit unit or the SFAO may request the competent foreign office to carry out the check if adequate protection in accordance with the Data Protection Act of 25 September 2020 is guaranteed. 3 Tenderers and their subcontractors who provide essential goods or services are obliged to provide the competent auditing entity with all necessary documentation and information free of charge. 4 The basis for a price check is, in particular, the financial and cost accounting of the tenderer or subcontractor, as well as the preliminary or post calculation of the contract price b
Para. 2 — SR 235.1 Para. 2 — Second sentence amended by Annex 2 No II 21 of the Data Protection Act of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568).
Art. 25 Exclusion and sanctions
(Art. 44 and 45 of the PPA) 1 The FPC shall maintain the list of tenderers and subcontractors excluded from future contracts in accordance with Article 45 paragraph 3 of the PPA. 2 Each notified exclusion (ban) is recorded on the list with the following information: a. date of notification; b. notifying contracting authority; c. name (company) and address of the tenderer or subcontractor; d. reason for the ban; e. length of the ban. 3 This information shall be provided on request by: a. a contracting authority or its subordinate awarding office; b. the tenderer or subcontractor concerned. 4 Tenderers and subcontractors who appear on the list described in paragraph 1, or on a sanctions list of a multilateral financial institution, may be excluded from an award procedure in accordance with Article 44 of the PPA, or the contract awarded to them may be revoked. 5 The FPC shall disclose the information on the list to the Intercantonal Public Procurement Body (InöB), provided the principle o
Art. 26 Access rights of the Competition Commission
(Art. 37 para. 2 and 49 of the PPA) The Competition Commission or its secretariat shall, on request, have access to the minutes of the tender opening.
Art. 27 Publication of procurements exceeding CHF 50,000
1 The contracting authorities shall provide information electronically at least once a year on their public contracts which exceed CHF 50,000 and are subject to the PPA. 2 The following in particular must be published: a. name and address of the tenderer selected; b. subject of the contract; c. contract value; d. type of procedure used; e. date of start of the contract or period of performance of the contract.
Art. 28 Statistics on procurements in the scope of international treaties
(Art. 50 of the PPA) 1 SECO shall calculate the total value of public contracts in accordance with Article 50 of the PPA. 2 It shall prepare and communicate the statistics in accordance with Article XVI paragraph 4 of the Protocol of 30 March 2012 amending the Agreement on Government Procurement.
Para. 2 — AS 2020 6943
Art. 29 Costs and remuneration of the Public Procurement Commission for the Confederation and the Cantons (KBBK)
(Art. 59 of the PPA) 1 SECO shall bear the secretariat costs of the Public Procurement Commission for the Confederation and the Cantons (KBBK). 2 It shall bear the costs of the external experts of the KBBK, provided the cantons contribute an appropriate proportion of the costs. 3 The departments shall bear the investigation costs incurred by the contracting authorities that are organisationally assigned to them. 4 The federal representatives in the KBBK have no right to remuneration.