{"id":7949,"date":"2023-10-23T00:00:00","date_gmt":"2023-10-22T22:00:00","guid":{"rendered":"https:\/\/www.loyco.ch\/actualites\/who-is-subject-to-public-procurement-legislation\/"},"modified":"2024-07-30T15:10:49","modified_gmt":"2024-07-30T13:10:49","slug":"who-is-subject-to-public-procurement-legislation","status":"publish","type":"post","link":"https:\/\/www.loyco.ch\/en\/actualites\/who-is-subject-to-public-procurement-legislation\/","title":{"rendered":"Who is subject to Public Procurement legislation?"},"content":{"rendered":"

Public Procurement law governs the acquisition of various services (construction work, supplies and Services), subject to strict rules that must be respected.
\nThis logically raises the question of WHO is subject to this legislation, or in other words, which entities have the status of “contracting authority”. <\/strong> While it may seem self-evident that certain entities are subject to Public Procurement law, there are other, less obvious cases.
\nThe purpose of this contribution is to present the different categories of entities subject to Public Procurement law.
\nAll organizations falling into these different categories are obliged to invite competition from a number of external service providers, who must meet precise specifications.
\nThe final choice, and the entire procedure leading up to it, must comply with the strict rules laid down by Public Procurement law.
\nThis applies, for example, to the purchase of vehicles or IT equipment, the acquisition of architectural or engineering services, or the use of external service providers to run a day-care center or school restaurant.  <\/p>\n

Public authorities: Confederation, cantons and municipalities<\/strong><\/h2>\n

This category is the easiest to understand, and covers all federal, cantonal and municipal public administrations, including their departments, offices and Services.
\nAssociations of such entities are also considered to be awarding authorities.
\nThere are, for example, numerous associations of municipalities in the school and water treatment sectors.  <\/p>\n

Sector companies<\/strong><\/h2>\n

These are public or private companies providing a public service and benefiting from exclusive or special rights in one of the following sectors: water supply, energy supply, transport (particularly railroads), telecommunications.
\nExamples include CFF (Swiss Federal Railways), Services Industriels de Gen\u00e8ve (SIG), A\u00e9roport International de Gen\u00e8ve (AIG), Transports publics genevois (TPG) and La Poste in areas where it enjoys a monopoly.  <\/p>\n

Public-sector bodies<\/strong><\/h2>\n

This category covers a wide variety of entities to which public tasks have often been delegated.
\nIt is also referred to as decentralized administration.
\nThis category is the most open to interpretation.
\nThree cumulative conditions characterize a body governed by public law: <\/p>\n