The Federal Law on Public Procurement regulates the awarding of contracts by public clients in Switzerland. It establishes the principles for the procurement of goods, services and construction contracts and is designed to ensure fair competition. The law contains provisions on transparency, equal treatment and non-discrimination in the awarding of public contracts. It is aimed at promoting the efficiency and economy of public procurement and preventing the misuse of public funds. The law applies to the confederation, cantons, communes and other public institutions and regulates, among other things, the procedures for tendering, bid verification and contract execution. It is intended to ensure that public funds are used responsibly and in the public interest.
The articles BöB
Art. 1 Subject Matter, Purpose and DefinitionsArt. 1Subject matter |
Art. 2 Purpose |
Art. 3 Definitions |
Art. 4 Scope of ApplicationSection 1 Subjective ScopeArt. 4Contracting authorities |
Art. 5 Applicable law |
Art. 6 Tenderers |
Art. 7 Exemption from subjection |
Art. 8 Objective ScopeArt. 8Public contract |
Art. 9 Delegation of public tasks and granting of concessions |
Art. 10 Exceptions |
Art. 11 General PrinciplesArt. 11Procedural principles |
Art. 12 Compliance with workplace health and safety regulations, terms and conditions of employment, equal pay for men and women, and environmental law |
Art. 13 Recusal |
Art. 14 Prior involvement |
Art. 15 Determining the value of the contract |
Art. 16 Award ProcedureArt. 16Thresholds |
Art. 17 Procedure types |
Art. 18 Open procedure |
Art. 19 Selective procedure |
Art. 20 Invitation procedure |
Art. 21 Direct award procedure |
Art. 22 Design contest and study contracts |
Art. 23 Electronic auctions |
Art. 24 Dialogue |
Art. 25 Framework agreements |
Art. 26 Award RequirementsArt. 26 Participation conditions |
Art. 27 Eligibility criteria |
Art. 28 Lists |
Art. 29 Award criteria |
Art. 30 Technical specifications |
Art. 31 Bidding consortia and subcontractors |
Art. 32 Lots and partial supplies |
Art. 33 Variants |
Art. 34 Formal requirements |
Art. 35 Award ProcedureArt. 35Content of the invitation to tender |
Art. 36 Contents of the tender documentation |
Art. 37 Opening of tenders |
Art. 38 Verification of tenders |
Art. 39 Adjustment of tenders |
Art. 40 Evaluation of tenders |
Art. 41 Award |
Art. 42 Conclusion of the contract |
Art. 43 Abandonment |
Art. 44 Exclusion from the procedure and revocation of the award |
Art. 45 Sanctions |
Art. 46 Deadlines and Publications, StatisticsArt. 46Deadlines |
Art. 47 Shortening of the deadlines within the scope of international treaties |
Art. 48 Publications |
Art. 49 Retention of documents |
Art. 50 Statistics |
Art. 51 Rights of appealArt. 51Notification of decisions |
Art. 52 Appeal |
Art. 53 Object of appeal |
Art. 54 Suspensive effect |
Art. 55 Applicable law |
Art. 56 Appeal timeframe, grounds for appeal and entitlement to appeal |
Art. 57 Inspection of files |
Art. 58 Appeal decision |
Art. 59 Public Procurement Commission for the Confederation and the Cantons |
Art. 60 Final ProvisionsArt. 60Implementation |
Art. 61 Repeal and amendment of other legislative instruments |
Art. 62 Transitional provision |
Art. 63 Referendum and commencement |