Agreement On Government Procurement Switzerland

DESIROUS also pursue free trade between them, On 30 March 2012, the parties to the ACCORD adopted a review of the parties to the ACCORD by granting access to the purchase of products, works and services by their respective telecommunications and railway operators, electrical installations and private services operating on the basis of special or exclusive rights of a competent public authority operating in the sectors of drinking water, electricity, urban transport, airports and seaports or inland shipping ports. The revised agreement expands the markets covered by the GPA to provide U.S. products, services and suppliers with new opportunities to participate in centralized and sub-centralized procurement in other GPA parties. The revised agreement also provides for a substantial improvement in the text of the treaty by modernising the text to take into account current procurement practices and to clarify its commitments. The revised agreement came into force on 6 April 2014 following the tabling of the acceptance instrument by ten parties, two thirds of the parties to the agreement on that date. Since March 2019, Switzerland is the only member country of the GPA to have yet to table its instruments of acceptance and, as such, US commitments to Switzerland are defined in the 1994 GPA. Neither federal nor cantonal public procurement law expressly states that the contracting power must be independent and impartial. However, they are bound by the basic principles of the Federal Constitution, while an authority must act in good faith and in a non-arbitrary manner. In principle, the exceptions are directly provided for by the statutes of public procurement. For example, Article 3 of the FAPP establishes contracts that are not subject to the FAPP, particularly those relating to national defence. Noting the parties` efforts and commitments to liberalise their respective public procurement, notably through the Public Procurement Agreement (GPA) reached in Marrakech on 15 April 1994, which came into force on 1 January 1996, and by the adoption of national rules providing for effective opening of public procurement through liberalisation, each canton in Switzerland has its own right to contract public procurement. The main legal instruments for the procurement of public procurement by regional and local authorities are the inter-cantonal agreement on public procurement of 25 November 1994/15 March 2001 (IAPP), which aims to harmonize the legal framework within the cantons, as well as the cantonal public procurement rules of each canton. While the IAPP, some federal laws and some international treaties do not result in harmonization of procurement laws, they do contain minimum standards to be met during public procurement.

3. In their procedures and procedures for contracting below the thresholds set out in Article 3, paragraph 4, the parties undertake to encourage their covered entities to treat the other party`s suppliers and service providers in accordance with paragraph 1. The parties agree that, no later than five years after this agreement enters into force, the terms and implementation of this provision will be reviewed in light of the experience gained in their mutual relations. To this end, the Joint Committee lists situations in which the principle set out in this article 6 is applied. However, price adjustments are not completely excluded. For example, in the context of supply adjustment or specific procedures such as dialogue, contracting will often be subject to minor changes that will result in a corresponding adjustment of the price offer. In addition, price adjustments can be made as part of an electronic auction or when negotiating an offer as part of an invitation process.