Integrating Responsible Business Conduct in Public Procurement

Switzerland

1. Policy

Switzerland’s revised Federal Law on Government Procurement (entry into force on 1 January 2021) includes the following RBC objectives:

Environment

When the place of operation of the supplier is within Switzerland, suppliers are required to comply with local environmental regulations. However, if the location is outside Switzerland, the supplier needs to comply with international environmental conventions designated by the Federal Council.

Labour rights and gender considerations

If the place of the contract’s performance is Switzerland, the supplier is required to comply with local regulations on the protection of workers, working conditions and on equal pay for men and women. If the place of performance is abroad, the bidder needs to comply with at least the eight International Labour Organisation’s Core Conventions. In addition, the contracting authority may require compliance with other important international labour standards, in the form of principles derived from other ILO conventions provided Switzerland has ratified them.

Long-term unemployed people

In specific situations, elderly workers are also taken into account within the above-mentioned law.

Integrity

One of the objectives of the above-mentioned law is transparency and the fight against collusion and corruption. To achieve these objectives, contracting authorities must take measures against conflicts of interest, collusion and corruption. At the government's level, corruption is tackled by the Interdepartmental Working Group on Combatting Corruption, which comprises all offices of the Federal Administration. The working group has elaborated the first Anti-Corruption Strategy of the Federal Council, which is expected to be adopted soon.

Strategic frameworks

• Sustainable Development Strategy of the Federal Council

• Recommendation on Sustainable Buildings by the Co-ordination of Federal Building and Real Estate Authorities (KBOB)

• Recommendation on sustainable procurement (CA)

• National Action Plan on Business and Human Rights

• Charter for equal pay in the public sector

• CSR Position Paper and Action Plan

2. Implementation

Tender phase

• During the tender phase, more specifically in the development of award criteria, the Swiss contracting authorities consider sustainable development and Life Cycle Cost among the possible criteria. For contracts not subject to international agreements, the contracting authorities may take into account the extent to which tenderers offer reintegration of long-term unemployed people and elderly workers as an award criteria.

• Contracting authorities may use technical specifications to allow the preservation of natural resources or to protect the environment.

• The Swiss contracting authorities can exclude or sanction suppliers that do not comply with provisions related to the protection of employees, labour conditions, equal pay and environmental regulations.

• Suppliers who have been convicted for bribery can be debarred from government contracts for a certain period.

3. Good Practices

• Regarding compliance and monitoring of social considerations, Switzerland has implemented a reporting system producing an annual public report. The reporting is mandatory for the procurement of textiles, cleaning services, all-purpose cleaner, paper, ICT and mobile phones, furniture, vehicles and infrastructure.

• To reduce the gender pay gap by enhancing equal pay between men and women, the Federal Office for Gender Equality is mandated by the Confederation's procurement offices to conduct equal pay controls and thus to monitor the compliance of such controls in Switzerland’s procurement.

• The Swiss government developed a tool called Logib that works as a standard analysis tool to check that companies pay equally, regardless of gender. Suppliers with at least 100 employees must provide proof of compliance with equal pay based on Logib.