Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Tavannes is a municipality in the Jura bernois region of the Canton of Bern. Government contract law that applies to public procurement and contracting in Tavannes comes from a mix of Swiss federal rules, cantonal rules from the Canton of Bern, and municipal procurement regulations. Federal rules set broad principles and thresholds, while the canton and the municipality set more detailed procedures for local contracts. Common sectors that use public contracting include construction and civil works, goods and supplies, professional services, and social or care services.
Public procurement in Switzerland aims to ensure transparency, equal treatment of bidders, proportionality, and competition. For many contracts, Swiss contract law - principally the Swiss Code of Obligations - governs contractual relationships, liability, performance and remedies once a contract has been awarded.
You might need a lawyer for a government contracting matter in Tavannes in several common situations:
- Preparing or reviewing tender documents, contract drafts, and bid responses to make sure they meet legal and procedural requirements.
- Advising on procurement strategy and eligibility - for example on consortia, subcontracting, local content rules, or qualification criteria.
- Handling disputes about award decisions - including advising on pre-award challenges, post-award protests, and remedies such as suspension or annulment.
- Negotiating contract amendments, extensions, or change orders, and assessing whether adjustments are lawful or require a new procurement.
- Managing performance issues - delays, defects, claims for additional costs, liquidated damages and termination.
- Advising on compliance topics - conflict of interest, state aid rules, confidentiality, data protection and export controls.
- Representing you before administrative review bodies or courts if the dispute cannot be resolved by negotiation or internal review.
Key legal sources and points to understand when dealing with government contracts in Tavannes include:
- Federal public procurement framework - Federal procurement legislation and implementing ordinances set out thresholds, advertising requirements, and basic procedures for contracts awarded by federal authorities and, to some extent, by cantons and municipalities depending on the threshold and subject matter. These rules emphasize transparency, equal treatment, and proportionality.
- Cantonal rules - The Canton of Bern implements procurement rules for cantonal and municipal contracting. Cantonal rules typically specify procurement procedures, local thresholds, rules for awarding contracts, and the bodies responsible for runnings tenders and hearing complaints. Municipalities like Tavannes generally follow the canton"s procurement rules and supplement them with municipal procedural rules and delegation arrangements.
- Contract law - Once a public contract is awarded, the Swiss Code of Obligations governs the substantive contractual relationship - meaning obligations to perform, warranties for defects, liability for breach, and remedies. Many public-sector construction contracts also rely on standardised Swiss construction conditions such as SIA norms for technical and contractual standards.
- Remedies and dispute resolution - Remedies for procurement complaints may include administrative review processes at cantonal level, emergency suspension to prevent contract award or execution, and civil claims for damages in ordinary courts. The competent court or administrative body depends on whether the procurement is municipal, cantonal or federal in nature.
- Language and practice - Tavannes is a predominantly French-speaking municipality. Procurement documentation, communications and proceedings at municipal level are commonly in French. Contracts and legal documents may therefore need to be prepared in French, or in bilingual formats depending on the parties involved.
- Thresholds and advertising - Whether a procurement must be advertised nationally or internationally, and which formal procedure applies, depends on contract value and subject. Thresholds are updated periodically and differ by category - goods, services and works - so it is important to check current thresholds before planning a procurement or a bid.
A government contract is an agreement where a public authority - for example the municipality of Tavannes, a canton agency, or a state-owned entity - procures goods, services or works from a private party. This includes construction works, supply of equipment, consultancy services, and social service contracts funded by the public authority.
Tenders are typically published on national or cantonal procurement platforms and in official gazettes. Municipal tenders may be advertised by the municipality or through cantonal procurement channels. Because thresholds and practices change, check with the Tavannes municipal office or the Canton of Bern procurement authority for the current publication practice.
Not always. Many municipalities and cantons allow simplified procedures or direct awards under certain monetary thresholds. The threshold levels depend on current federal and cantonal rules. Even when a formal public tender is not required, procurement rules on fairness, transparency and value for money generally still apply.
Direct awards are possible in limited circumstances - for example when the value is below a threshold, when there is only one qualified supplier, or when an urgent situation makes a full tender impractical. The reasons for a direct award should be documented, proportionate and defensible against a possible challenge.
Award criteria can include lowest price, best price-quality ratio, technical merit, life-cycle cost, delivery time, sustainability and social considerations. The criteria must be objective, clear, and communicated to bidders in the tender documents.
You should first follow any internal review or complaint procedure listed in the procurement documents. If that does not resolve the issue, you may have administrative remedies available such as filing a complaint with the competent cantonal review body or seeking judicial review. Time limits for challenges are often short, so act promptly and consult a lawyer to meet procedural deadlines.
Possible remedies include annulment of the award decision, suspension of contract performance, re-running the procurement, and compensation for damages if you suffered a loss due to a breach of procurement rules. The available remedies depend on the nature of the breach and the level of authority involved.
Clear scope of work, detailed deliverables, performance milestones and payment terms, warranty and liability clauses, termination and suspension rights, dispute resolution mechanisms, confidentiality and data protection terms, and provisions on change orders and extensions. Using standardised contract conditions such as SIA norms for construction can reduce disputes by relying on well-understood rules.
Contractual disputes are usually handled under the dispute resolution clause of the contract - either by negotiation, mediation, arbitration or state courts. For procurement process disputes, administrative review bodies or courts may have jurisdiction. Choose dispute resolution clauses carefully, taking into account enforceability and the local legal landscape.
Yes. A local lawyer familiar with Swiss public procurement law and cantonal practice in Bern is highly advisable. Because Tavannes is mainly French-speaking, working with a lawyer who can operate in French will be important for drafting and communicating with the municipality and for any proceedings conducted in French. If proceedings extend to cantonal or federal bodies, bilingual capacity can also be useful.
Swiss Code of Obligations - the main source of general contract law for Switzerland.
Federal public procurement legislation and implementing ordinances - these set the national framework for public procurement procedures and thresholds.
Canton of Bern procurement rules and the Cantonal Department that handles public procurement - for cantonal and municipal contracting practice and thresholds applicable in Tavannes.
Municipal procurement office of Tavannes - for local procurement procedures, contact points and tender announcements.
SIMAP and other national procurement publication platforms - for advertised tenders and procurement notices across Switzerland.
SIA norms and Swiss construction contract standards - commonly used for construction and engineering contracts in Switzerland.
Swiss Bar Association and local bar associations - to locate qualified lawyers with procurement experience.
Local chambers of commerce and industry associations - for practical support, networking, and partner searches for joint bids or consortia.
1. Gather the documents - collect tender documents, correspondence, contract drafts, award notices and any records of communications or meetings. These are essential for any legal assessment.
2. Identify urgency and deadlines - determine if there are short challenge or suspension deadlines. Acting fast preserves procedural rights.
3. Contact the municipal procurement office - ask for clarifications on procedures, thresholds and internal complaint steps. This may resolve straightforward issues without litigation.
4. Consult a specialised lawyer - look for a lawyer experienced in Swiss public procurement and municipal contracts, preferably with fluency in French. Arrange an initial consultation and provide the gathered documents.
5. Consider options - your lawyer can advise on informal negotiation, administrative remedies, suspension applications, or civil claims and help you estimate costs and likely outcomes.
6. Decide on a strategy - whether to negotiate, pursue a formal challenge, or seek alternative dispute resolution, choose a path that balances time, cost and your commercial objectives.
7. Keep records and comply with procedural requirements - meet timelines, preserve evidence, and follow formal steps to ensure your rights remain protected.
Remember that this guide provides general information and not specific legal advice. For tailored guidance on a particular procurement or contract issue in Tavannes, consult a qualified lawyer promptly.
