How to win government contracts and tenders in Switzerland

Navigating Government Procurement in Switzerland: A Strategic Guide for Businesses

Switzerland's public procurement framework presents considerable opportunities for businesses. However, successfully navigating this landscape requires thorough understanding of complex legal frameworks and adherence to international agreements. This guide synthesizes critical insights into acquiring Swiss government contracts by clearly outlining essential processes, regulatory expectations, and strategic considerations, drawing information from official sources such as the World Trade Organisation (WTO) and Swiss authorities.

Trade Policy Foundations: The WTO Agreement on Government Procurement

Switzerland is a long-standing member of the WTO Agreement on Government Procurement (GPA), ensuring transparency, fairness, and equal treatment for all qualifying suppliers from GPA member countries. GPA rules govern procurements above specific thresholds and prevent discrimination between domestic and foreign suppliers.

The procurement thresholds defined under Swiss participation in GPA include:

• Goods and Services: CHF 150,000
• Construction Works: CHF 2,000,000 (federal level)

Public procurement notices are published on national portals, providing equal visibility and opportunities to foreign businesses. Certain strategic sectors, like defense and security procurement, follow additional guidelines under Switzerland’s Defence Production Acts, allowing prioritized procurement from domestic suppliers for strategic reasons.

Contracting Authorities and Sectoral Coverage

Swiss contracting authorities encompass multiple governance levels and specific sectors, including:

• Federal, cantonal, and communal administrative bodies
• Private entities with exclusive rights to deliver specific public services

Main sectors covered include:

• Water and electricity utilities
• Public transportation systems
• Postal and telecommunications
• Airports and port facilities
• Energy transmission and distribution (gas, heat)
• Extraction sectors (minerals, oil, solid fuels)

Competitive open tendering is standard, with exceptions allowed only under clearly defined circumstances (e.g., urgency, special technical requirements, single-source availability) and fully documented for accountability purposes.

Registration Requirements and Documentation Essentials

Foreign businesses can directly bid on opportunities governed by the GPA without setting up a local subsidiary. However, establishing a local subsidiary in Switzerland may provide competitive advantages and simplify procedural matters, as entities based in Switzerland are treated as domestic bidders.

Mandatory Pre-Qualification Documentation

• Proof of company registration and financial solvency (audited accounts)
• References demonstrating successful execution of similar projects within the past five years
• Certification of tax compliance and confirmation of no pending bankruptcy or criminal proceedings
• Corporate declarations affirming adherence to anti-corruption practices and ethical standards, complying with OECD guidelines

Technical and Commercial Proposal Requirements

• Detailed proposal clearly addressing the tender’s technical specifications
• Project timelines, resource allocation, quality assurance plans, and risk mitigation strategies
• Transparent pricing breakdowns, including clear VAT liability assessments for projects above CHF 100,000 turnover threshold

Regulated Professions and Recognition of Qualifications

Foreign professionals providing regulated services (such as engineering, architecture, healthcare, and education) must have recognized qualifications validated by Switzerland’s State Secretariat for Education, Research, and Innovation (SERI).

Legal Recourse and Remedies for Unsuccessful Tender Participants

Bidders may appeal against procurement decisions, but such appeals are subject to strictly defined conditions and thresholds:

• Federal Level Appeals: Appeals permitted for procurements valued at CHF 150,000 or more (goods/services) or CHF 2,000,000 for main construction projects. Contract annulments occur only if substantial procedural irregularities that affected competitive fairness are proven.
• Cantonal and Communal Level: Appeals regulations vary and are often broader. Consulting regional procurement guidelines and legal experts is advised when considering appeals at these levels.

Post-award amendments are generally restricted to minor deviations. Significant changes require restarting the procurement process to safeguard transparency. Supplier mergers or acquisitions must be individually assessed to confirm continued compliance with initial procurement qualifications.

Strategic Recommendations to Enhance Success

Early Market Engagement

Businesses benefit from actively engaging with contracting authorities early in the procurement lifecycle. Participating in pre-tender dialogues can clarify expectations, increase proposal relevance, and improve bid quality.

Adequate Use of Compliance and Digital Verification Tools

Tools like the European Commission’s "My Trade Assistant" can verify eligibility under international agreements outside the GPA, helping businesses leverage bilateral agreements that Switzerland maintains with certain countries.

Monitoring Legislative and Policy Developments

Regularly track changes in procurement policies, particularly related to emerging technologies like artificial intelligence, digitization of the procurement lifecycle, and updated compliance standards introduced through international conventions and local regulations.

By strategically aligning processes with these detailed guidelines, businesses are better positioned to successfully bid for and execute government contracts in Switzerland, facilitating meaningful contributions to economic growth, innovation, and public sector efficiencies.

[1] https://www.dfae.admin.ch/eda/en/fdfa/fdfa/aktuell/news.html/content/eda/en/meta/news/2025/2/19/104201.html
[2] https://www.sem.admin.ch/sem/en/home/themen/fza_schweiz-eu-efta/meldeverfahren.html
[3] https://www.seco.admin.ch/seco/en/home/seco/nsb-news/medienmitteilungen-2025.msg-id-104111.html
[4] https://trade.ec.europa.eu/access-to-markets/en/content/government-contracts-outside-eu
[5] https://www.mondaq.com/government-contracts-procurement-ppp/1590452/public-procurement
[6] https://www.vbs.admin.ch/en
[7] https://www.eda.admin.ch/countries/usa/en/home/services/zivstand/heirat-eingetragene-partnerschaft/nach-heirat-partnerschaft-ausland.html
[8] https://www.seco.admin.ch/seco/en/home/seco/nsb-news.msg-id-104110.html
[9] https://en.wikipedia.org/wiki/Government_procurement
[10] https://www.admin.ch/gov/en/start/documentation/media-releases/media-releases-federal-council.html
[11] https://www.seco.admin.ch/seco/en/home/seco/nsb-news.html
[12] https://www.eda.admin.ch/eda/en/fdfa/fdfa/aktuell/news.html
[13] https://www.eda.admin.ch/eda/en/fdfa/fdfa/aktuell/news.html/content/eda/en/meta/news/2025/3/7/104430
[14] https://www.bk.admin.ch/bk/en/home/dokumentation/medienmitteilungen.html