Summary
Details
- Switzerland
Binding for contracting authorities under the Act; suppliers must comply with tender requirements and contract clauses once awarded.
Scope depends on procurement type, thresholds, and whether a tender is covered by the Act and applicable implementing rules.
Sustainability criteria must remain consistent with procurement law principles (for example transparency and equal treatment).
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What’s Required
Switzerland’s Public Procurement Act requires public spending to be economically, ecologically, and socially sustainable, shifting procurement from lowest-price to best overall value. Key requirements include:
Procurement must ensure cost-efficient use of public funds in an economically, ecologically, and socially sustainable manner.
Authorities can integrate environmental and social criteria and life-cycle considerations into award criteria and specifications (practice and guidance).
Important Deadlines
Continuous: applies across procurement cycles once in force (revised regime is now the baseline).
Current Status
In force and increasingly used to justify sustainability criteria and life-cycle costing approaches.
Penalties for Non-Compliance
For authorities: award decisions can be challenged, annulled, or require re-tendering.
For suppliers: exclusion from procedure, contract termination, damages, or performance remedies depending on the contract and tender rules.
Examples of Known Violations
Sustainability criteria are applied inconsistently or without transparency, leading to challenges.
Suppliers failing to meet sustainability-related contract requirements (for example, delivery or documentation clauses), triggering remedies or exclusion.
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