Total Revision of Public Procurement Law in Switzerland – Practical Relevance

On 1 January 2021, the totally revised Federal Law on Public Procurement including the corresponding Ordinance entered into force. The main objectives of the total revision were the implementation of the revised Agreement on Government Procurement (GPA 2012) of the World Trade Organization (WTO) into national legislation and the harmonisation of the procurement regulations on federal and cantonal level.

The revision introduces a number of practice-relevant amendments. In particular, the focus on quality competition (rather than mere price competition) is further strengthened, with a particular emphasis on sustainability, and a new sanctions regime is established in case of violations against procurement law provisions. Notably, undertakings may face a procurement ban for a period of up to five years. Amongst other things, the revision brings important amendments as to relevant deadlines and legal protection.

Some of the amendments brought about by the total revision are far-reaching and relevant for both contracting authorities and suppliers. It is therefore recommended that potentially affected authorities and companies get to know the new provisions and requirements, adapt their processes accordingly if necessary and take the appropriate precautions in good time.

For a summary of the most important amendments, please consult the German version of this article.

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