Sustainable procurement has become a key concern for public institutions in recent years. It is not only a matter of taking ecological and social criteria into account, but also of complying with legal requirements. In Switzerland, there are a large number of laws and agreements at international, national and cantonal level that regulate sustainable procurement. In this blog, we provide an overview of the most important legal principles and show how Bruno Wickart can support public institutions in the legally compliant implementation of procurement processes.
Overview of the legal basis for sustainable procurement
Sustainable procurement in Switzerland is regulated by various legal frameworks at international, national and cantonal level. These regulations aim to make the purchase of goods and services in the public sector transparent, fair and sustainable.
International level:
- WTO Government Procurement Agreement (GPA): The GPA is an international agreement signed by Switzerland and 47 other WTO member states. It obliges the participating countries to make their public procurement procedures transparent and non-discriminatory. The agreement covers both goods and services and requires the contracting states to comply with certain principles of transparency and equal treatment. Sustainability criteria may be taken into account as long as they are communicated transparently and applied in a non-discriminatory manner.
National level:
- Federal Law on Public Procurement (BöB): The Federal Act on Public Procurement forms the basis for the procurement of goods, services and construction contracts by the federal government. The most recent revision of the BöB, which came into force in 2021, places greater emphasis on sustainability and fair competition. It gives public contracting authorities the opportunity to take environmental and social criteria into account in their tenders. The law also requires the consideration of life cycle costs and the promotion of innovation.
- Intercantonal Agreement on Public Procurement (IVöB): The IVöB harmonizes procurement law at cantonal level and ensures uniform implementation of WTO requirements. It regulates procurement by the cantons, municipalities and other public institutions. Like the BöB, the IVöB also emphasizes sustainability aspects and enables the cantons to take environmental and social criteria into account.
Cantonal level:
- At cantonal level, there are different regulations based on the IVöB. Some cantons have introduced additional regulations that go beyond the requirements of the IVöB. These may include stricter environmental requirements or social criteria, for example. It is important to observe the specific cantonal laws and guidelines in order to be able to act with legal certainty.
The most important laws and agreements in detail
The Federal Act on Public Procurement (BöB):
- The aim of the BöB is to promote competition in public procurement, prevent corruption and ensure the sustainable use of public funds.
- The law requires sustainability criteria to be taken into account if they do not compromise the purpose of the procurement. For example, tenders can include requirements regarding the environmental compatibility of products or fair working conditions in the supply chain.
- A significant innovation is the possibility of taking life cycle costs into account. This enables public institutions to include not only the purchase price, but also the operating costs, maintenance and disposal in the evaluation.
The Intercantonal Agreement on Public Procurement (IVöB):
- The IVöB implements the principles of the BöB at cantonal level and regulates the procurement of goods, services and construction work by cantonal and communal clients.
- The agreement also promotes the consideration of sustainability aspects and enables the cantons to define specific sustainability requirements for their procurements.
- It ensures that the requirements of the WTO GPA are met, particularly with regard to transparency and non-discrimination.
The WTO Agreement on Government Procurement (GPA):
- The GPA ensures that public contracts are awarded fairly and transparently in international trade. It obliges the member states not to take any discriminatory measures that could hinder free competition.
- Sustainability criteria may be taken into account under the GPA, provided they are formulated in a transparent and non-discriminatory manner. Public bodies must ensure that these criteria apply equally to all bidders and are clearly stated in the tender documents.
Support from Bruno Wickart for the legally compliant implementation of procurement processes
Complying with legal requirements in public procurement can be a challenge, especially when it comes to integrating sustainability criteria into tenders in a legally compliant manner. Bruno Wickart offers comprehensive support to assist public institutions in implementing these requirements.
Advice on the legal framework:
- We offer sound advice on the legal requirements at national and cantonal level and help you to integrate these into your procurement processes.
- Our experts support you in formulating sustainability criteria in such a way that they meet the legal requirements and at the same time ensure the desired environmental and social standards.
Development of tender criteria:
- We can help you develop tender criteria that are both legally sound and sustainable. This includes the formulation of requirements for the environmental compatibility of products, the consideration of life cycle costs and the definition of social standards.
- We ensure that your tenders are transparent and non-discriminatory so that they comply with the requirements of the WTO-GPA and the BöB.
Support with evaluation and contract design:
- Bruno Wickart supports you in evaluating the bids received against the defined sustainability criteria and helps you to identify the best provider.
- We also offer support in drafting contracts to ensure that the agreed sustainability requirements are stipulated in the contract and are enforceable.
Training and workshops:
- We offer training and workshops to educate your employees on sustainable procurement and legal requirements. This includes both theory and practical examples of how to integrate sustainability criteria into the procurement process.
- Our training courses help you to eliminate uncertainties in the implementation of sustainable procurement strategies and raise awareness of legally compliant procurement.
Conclusion
Sustainable procurement in Switzerland is subject to a variety of legal frameworks that are regulated at international, national and cantonal level. Public institutions must comply with these regulations in order to act in a legally compliant and transparent manner. At the same time, the legal requirements offer numerous opportunities to integrate environmental and social criteria into procurement.
Bruno Wickart is at your side as a reliable partner to help you master these requirements and successfully implement sustainable procurement strategies. Contact us today to find out more about our consulting and training services. Together we can shape a sustainable and legally compliant future for your public institution.
Source reference:
https://www.woeb.swiss/de/toolbox
