The main focus for Switzerland in supporting SMEs in public procurement was ensuring favourable operating conditions for them. Swiss legislation does not provide specific advantages, restrictions, quotas or objectives for SME participation in government procurement. Rather, it takes into account the specific needs of SMEs and guarantees non-discriminatory, open and transparent competition in government procurement markets. Swiss SMEs’ participation in international procurement markets constitutes one of the guiding principles of the country’s policy. The WTO/GPA membership, the bilateral agreements with the EU on government procurement, and the free trade agreements with other trade partners are an important pillar of Swiss foreign economic policy. Such a legal framework guarantees non-discriminatory, open and transparent competition on government procurement markets, thereby contributing to increase SMEs’ export opportunities and competiveness.
In particular, the following measures and practices are among the focus areas for Swiss policy to facilitate SME participation in government procurement.
Dividing contracts into lots, stipulated through the Ordinance on Government Procurement, enabled contracts to be better adapted to the size of SMEs. This way, SMEs are able to participate in large-scale procurement while not having to commit too many resources. Additionally, the contracting authority can benefit from greater competition, less concentration of risks, and positive effects on value for money by enabling more bidders to participate.
Allowing bidders to group into consortia and to subcontract in order to facilitate access to important public procurement contracts are other measures foreseen by Swiss legislation.
Swiss legislation on public procurement also leaves sufficient room to introduce sustainability criteria in the procurement process, while ensuring that the core principles of non-discrimination and transparency apply.
In order to reduce the administrative burden for SMEs, confederation entities may have recourse to a tool known as the “Individual Declaration”. This is a form used to collect information from bidders on the basic terms for a bidder’s participation in a public bidding procedure. At the Federal level, bidders may register on a list if they meet the qualification criteria.
Swiss law also provides bidders with the opportunity to submit alternative solutions in their bids, in particular for contracts that include an innovative aspect. The alternative must enable the bidder to submit a bid that allows the object of the contract to be achieved in a manner different from that envisaged by the contracting entity. To ensure that the procurement meets the actual needs of the contracting entity over time, there must be a dialogue between the entity and the bidders.
