Expertise

Public procurement law

For businesses responding to a call for tenders and for public bodies issuing one.

In a few words

Cantons, municipalities and public companies award contracts for works, supplies and services every year.

For a business, they are an important market. For the contracting authority, they mean a demanding procedure. Either way, form matters as much as substance: an incomplete bid is excluded, and a poorly reasoned decision can be overturned.

Legal basis
Federal Act on Public Procurement, the intercantonal agreement on public procurement and cantonal law.
Procedures
Open, selective, invitation or direct award, depending on the value and nature of the contract.
Time limits
Short and not extendable, from submitting a bid through to an appeal.

Our approach

Form matters as much as substance

In public procurement, a bid is first judged on compliance: required documents, participation conditions, suitability criteria. A formal error can rule out the best bid. We review the tender documents with you, flag points to clarify and check the bid before it is submitted.

For contracting authorities, we help choose the procedure, set award criteria that hold up and give reasons for decisions. A well-built procedure limits the risk of appeals and the delays they cause.

In Neuchâtel, contracts awarded by public bodies are governed by intercantonal and cantonal procurement law. Award and exclusion decisions can be appealed to the Cantonal Court, within a very short time limit.

Who for

Who we act for

For bidding companies

Responding to a call for tenders takes rigour: participation conditions, suitability criteria, required documents, price. We review the file with you, flag points to clarify and check the bid before submission.

  • Critical review of the tender documents
  • Questions to the authority within the time limit
  • Checking the bid for compliance
  • Access to the file and appeals

For contracting authorities

A sound procedure is prepared upstream: choice of procedure, award criteria and weighting, documents, reasons for decisions. We support municipalities and public bodies to limit the risk of appeals.

  • Choice of procedure by threshold
  • Award criteria and weighting
  • Tender documents and contracts
  • Reasons for decisions and defence on appeal

What we handle

How we can help

Calls for tenders, bids, awards, exclusions, appeals and contract performance.

  1. 01Reviewing a call for tenders
  2. 02Preparing and checking a bid
  3. 03Tender documents for contracting authorities
  4. 04Appeals against an award or exclusion
  5. 05Contract and performance

What is at stake

Three points that make the difference

  1. 01

    Questions during the procedure

    A vague requirement or a questionable criterion must be raised during the procedure, within the time set for questions. Waiting for the award decision to complain is often too late.

  2. 02

    The reasons for the decision

    After the award, an unsuccessful bidder can obtain the reasons for the decision. They allow a quick assessment of the chances of an appeal.

  3. 03

    Suspensive effect

    An appeal does not always prevent the contract from being signed. Requesting suspensive effect when filing the appeal is often decisive to obtain more than a mere finding of unlawfulness.

Law and tax

A winning bid must stay profitable

VAT, bank guarantees, subcontracting, late-delivery penalties: we also review the contractual and tax terms of the bid, so that the contract won remains a profitable one.

Get in touch

Tell us about your situation

A question, a dispute, a decision to challenge? Describe your situation in a few lines: we will reply by email or call you back, whichever you prefer.

+41 32 354 35 40

Monday to Friday, 8:00⁠–⁠12:00 and 14:00⁠–⁠17:30

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