Best Government Contract Lawyers in Dornach

About Government Contract Law in Dornach, Switzerland

Government contracts in Dornach fall within Switzerland's public procurement framework, which aims to ensure fair competition, value for money, transparency, and equal treatment of bidders. Dornach is a municipality in the canton of Solothurn, so most procurements by the municipality and local public entities are governed by cantonal public procurement rules that implement the intercantonal agreement on public procurement, alongside overarching federal and international obligations. For procurements run by federal authorities, federal procurement law applies. Notices for larger procedures are typically published on the national procurement portal, and the process follows structured methods such as open or selective procedures, or simplified approaches for smaller purchases. Evaluation commonly considers price, quality, and increasingly sustainability and life-cycle cost. Bidders must meet suitability requirements, observe integrity rules, and comply with tax and social security obligations.

Why You May Need a Lawyer

Public tenders can be technical and deadline-driven. A lawyer with procurement experience can help you assess eligibility, prepare compliant bids, and protect your rights if something goes wrong. Common reasons to seek legal help include understanding tender documents and suitability criteria, structuring joint ventures or subcontracting, drafting or reviewing declarations, integrity undertakings, and compliance documents, assessing risks in performance security, liquidated damages, and insurance, submitting questions or requests to clarify ambiguities before the bid deadline, challenging exclusion or evaluation decisions within short appeal periods, negotiating contract terms after award where permitted, managing contract changes, delays, or unforeseen conditions, pursuing or defending claims for additional payment or time, and addressing conflicts of interest, debarment risks, or suspected bid rigging. Legal guidance is especially valuable when deadlines are short, stakes are high, or the tender involves complex technical or construction standards.

Local Laws Overview

Applicable legal framework in Dornach includes the revised intercantonal agreement on public procurement as implemented by the canton of Solothurn, the canton’s procurement legislation and implementing ordinances, federal public procurement law for federal authorities, international obligations such as the WTO Government Procurement Agreement, and general Swiss rules on administrative procedure, competition, anti-corruption, and data protection. Municipalities like Dornach apply cantonal rules to their own purchasing, supplemented by local regulations and internal policies. Tender notices and documents for above-threshold procurements are typically published on the national procurement portal. Procedures commonly used are open procedure, selective procedure, invitation procedure, and direct award for smaller values or narrowly defined exceptions. Threshold values and procedural choices are set by law and periodically adjusted.

Key features include equal treatment and transparency, suitability and exclusion grounds such as tax and social security compliance, criminal convictions, or serious professional misconduct, evaluation based on predefined criteria that may include price, quality, sustainability, and life-cycle costs, rules on variants only if expressly allowed, and strict formal requirements for timely submission. Subcontracting and joint bidding are generally allowed subject to disclosure and qualifications. Integrity and anti-corruption standards apply, and collusive practices are prohibited. The contracting authority must document decisions and provide debriefing information within legal limits.

Legal protection is available through administrative review. In cantonal procurements, challenges usually go to the Administrative Court of the canton of Solothurn. For federal procurements, the Federal Administrative Court handles appeals. Appeal deadlines are short, often 10 days from notification of the decision or publication of certain acts. A standstill period typically applies before contract signature, giving bidders time to seek review. Remedies can include suspension, annulment of the award decision, and re-tendering, while damages are limited and subject to specific conditions. Contract performance is governed by the tender documents, applicable standard conditions, and Swiss contract law, with change orders and claims managed under the agreed terms.

Frequently Asked Questions

How do I find government tenders in Dornach and nearby areas

Above-threshold tenders from Dornach, the canton of Solothurn, and federal agencies are typically published on the national procurement portal. Smaller invitations may be sent directly to selected firms. You can also monitor municipal communications and cantonal procurement channels for opportunities.

Which law applies to a municipal tender in Dornach

For contracts issued by the municipality or other local public bodies, the canton of Solothurn’s procurement laws implementing the intercantonal agreement apply. If a federal authority is the buyer, federal procurement law applies. Private utilities with special or exclusive rights may be subject to sector-specific rules.

What are the common procurement procedures

The main procedures are open procedure where any qualified bidder may participate, selective procedure with a prequalification stage, invitation procedure with a limited number of invited firms, and direct award in narrowly defined or low-value situations. The applicable method depends on the contract type and estimated value.

What criteria are used to evaluate bids

Evaluation criteria are set in the tender documents and may include price, technical quality, experience, staffing, methodology, delivery time, sustainability, and life-cycle costs. Criteria must be weighted or otherwise specified in advance, and the authority must apply them consistently.

Can I submit a variant or alternative offer

Variants are only allowed if expressly permitted in the tender documents. If permitted, you must also submit a compliant base offer unless stated otherwise. Variants must meet minimum requirements and will be evaluated under announced criteria.

What are the typical deadlines to challenge an award decision

Appeal periods are short. A 10-day deadline is common from notification of the award decision. Some other acts, such as exclusions or tender specifications, may have their own timelines. If you intend to challenge, act immediately to preserve your rights.

Who hears procurement appeals in Solothurn

For cantonal and municipal procurements, the Administrative Court of the canton of Solothurn typically has jurisdiction. For federal procurements, the Federal Administrative Court is competent. Further review to the Federal Supreme Court is limited and only on specific legal questions.

Are joint ventures and subcontracting allowed

Yes, both are generally permitted. You must disclose consortium partners and subcontractors, demonstrate collective suitability, and ensure that key tasks and responsibility splits comply with the tender rules. The authority may require approval for changes during performance.

What compliance documents are usually required

Expect declarations of integrity, evidence of tax and social security compliance, trade register extracts, references, certifications, and technical documentation. Construction tenders often require adherence to SIA norms and proof of health and safety compliance. Foreign bidders must provide equivalent documents.

What happens if I suspect bid rigging or a conflict of interest

Notify the contracting authority promptly and consider reporting to the Swiss Competition Commission for suspected collusion. Conflicts of interest must be disclosed and managed under procurement rules. A lawyer can advise on protective steps and potential remedies.

Additional Resources

National procurement portal for public tender notices and documents. Canton of Solothurn procurement authority or finance department for cantonal rules and guidance. Municipality of Dornach procurement or finance office for local procedures and contacts. Federal Administrative Court for federal procurement appeals. Administrative Court of the canton of Solothurn for cantonal and municipal procurement appeals. Swiss Competition Commission for guidance and reporting on bid rigging. Federal Office for Buildings and Logistics as a major federal contracting authority with model documents. Coordination Conference of the Federal Government for Construction and Property KBOB for standards and recommendations, especially in construction.

Next Steps

Clarify your role and objectives, whether you plan to bid, have been excluded, or wish to challenge an award. Gather all relevant documents, including the tender notice, full tender dossier, your submission, correspondence, and the award decision. Track deadlines immediately, noting any standstill period and the exact appeal window. Seek a legal review by a lawyer experienced in Swiss procurement law, ideally familiar with Solothurn and Dornach practices. Request a debrief or access to the award file if available, to assess grounds for challenge. If appealing, prepare a focused submission addressing legal errors, procedural breaches, or misapplication of evaluation criteria, and file within the statutory period. If proceeding to contract, negotiate permissible terms, confirm insurance and guarantees, and set up compliance and documentation systems for performance. For future tenders, consider a readiness audit covering suitability documents, certifications, and internal controls to respond quickly and competitively.