NEW PROCUREMENT LAW IN SWITZERLAND STRENGTHENS COMPETITION ON QUALITY
On 1 January 2021, the new Swiss federal procurement law came into force. With the revision of the Swiss procurement law, Switzerland implements the revised World Trade Organization (WTO) Agreement on Government Procurement. The Swiss federal procurement law applies to public procurements of the Swiss Confederation for domestic and foreign suppliers.
The new Swiss federal procurement law substantially changes the procurement criteria, whereby the quality of bids will play a more important role. The new procurement law in Switzerland strengthens competition on quality. Pure price competition should now be the exception. The criteria for the most advantageous bid provides greater discretionary powers to public procurement authorities.
The awarding authorities now have a wide margin with regard to award criteria, such as ecological and social objectives. In addition, the revision tightens the provisions regarding sanctions and will harmonise federal and cantonal procurement law in Switzerland.
To public procurements of the Swiss cantons, the Swiss inter-cantonal concordat on public procurement applies. The concordat was also revised as part of the revision of Swiss procurement law, with the changes essentially corresponding to those at federal level. While the new Swiss federal procurement law already came into force, the revised Swiss inter-cantonal concordat on public procurement will enter into force as soon as two cantons have joined it. The first accessions of the cantons can be expected in the course of 2021.
Apr-Jun 2021 issue
Wenger & Vieli