Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Government contracting in Wohlen follows the general framework of Swiss public procurement law while also being shaped by cantonal and municipal rules. At the federal level Switzerland has a public procurement regime that requires transparency, equal treatment, proportionality and objective award criteria. Canton Aargau and the Municipality of Wohlen apply those principles in their own procurement procedures and may have additional rules, thresholds and administrative practices. Public contracting covers purchases of goods, services and works by public bodies - from small municipal purchases to larger infrastructure projects - and affects who can bid, how contracts are awarded and which remedies are available if something goes wrong.
Public procurement can be highly technical and legally demanding. You may need a lawyer if you are preparing or submitting a tender and want to ensure compliance with formal requirements, eligibility rules and award criteria. Lawyers help draft or negotiate contract terms, review specifications and conditions, and advise on joint bids, subcontracting or consortium agreements.
If you are a contracting authority, legal advice can reduce the risk of flawed procedures that lead to successful challenges. Contractors commonly seek lawyers for bid protests, award disputes, contract performance issues such as delays, change orders, defective performance, claims for additional payment, termination of contracts and enforcement of guarantees or bonds. Legal help is also important where there are allegations of conflicts of interest, corruption or unfair treatment, or where remedies and appeals must be lodged within strict deadlines.
Switzerland operates a layered procurement system - federal rules apply to federal entities and to procurement covered by international commitments, while cantons and municipalities have their own regulations for cantonal and local procurement. Core legal principles that apply in Wohlen include transparency, equal treatment of bidders, proportionality of requirements, and objective award criteria. Public procurement procedures vary by value and complexity - common procedure types include open procedures, restricted procedures, negotiated procedures and direct awards subject to thresholds and justification.
Canton Aargau will have procurement guidelines and thresholds that determine when certain procedures and advertising obligations apply. For federal-level and some cantonal contracts Switzerland is party to the WTO Agreement on Government Procurement - which imposes further obligations for cross-border access to tenders above certain thresholds. Tender documents typically set out technical specifications, qualification and exclusion criteria, evaluation and scoring rules, performance guarantees, payment terms and limits on subcontracting. Remedies for unsuccessful bidders generally include internal review, complaints to a procurement review body or administrative court, and in some cases civil litigation for damages.
Federal rules govern procurement by federal entities and contracts covered by international commitments. Cantons and municipalities, including Wohlen within Canton Aargau, adopt their own procurement laws and procedures for local purchases. While the basic principles are similar, procedural thresholds, documentation requirements and appeal routes can differ. Always check which level of rules applies to a given procurement.
Access for foreign companies depends on whether the contract falls under the WTO Agreement on Government Procurement or other international agreements to which Switzerland is party. If the contract is covered and its value exceeds the international threshold, foreign suppliers from participating states generally have access. For local contracts below thresholds, access may be restricted. Consult the tender notice and procurement rules for the procuring authority to confirm eligibility.
Typical exclusion grounds include false or misleading information in the bid, failure to meet mandatory qualification requirements, insolvency or bankruptcy, criminal convictions or serious professional misconduct, conflicts of interest and non-compliance with required certificates or financial guarantees. Specific exclusion criteria are detailed in the tender documents and applicable procurement regulations.
Yes, unsuccessful bidders can usually challenge an award. Remedies may include requesting clarification from the authority, filing a formal complaint with a procurement review body or administrative court, or seeking interim relief to stop contract award. Deadlines for challenges are strict and often short - for example a few days to weeks from the date of notification - so act promptly and seek legal advice immediately if you intend to challenge a decision.
Available remedies depend on the level of procurement and the applicable rules. Common remedies include annulment of the award, orders to restart the procedure, compensation for damages suffered by bidders, and interim relief to prevent contract signature. In many cases a formal administrative appeal or complaint is the first step, and litigation or damages claims can follow if administrative remedies do not resolve the dispute.
Contract changes should follow the change procedure set out in the contract and must comply with procurement rules if they modify scope or value significantly. Document all change requests, approvals and the basis for additional costs or time. If the authority refuses legitimate claims, preserve evidence, send formal notices, seek expert assessments if needed, and consult a lawyer about pursuing negotiated settlement or formal claims under the contract and applicable procurement law.
Yes, small-value procurements are usually subject to simplified procedures and may be awarded directly or via limited competition. However, even small contracts must respect core legal principles like non-discrimination and proportionality. Be aware that repeated splitting of contracts to avoid thresholds can be unlawful and subject to challenge.
Preference for local suppliers is limited under Swiss and international procurement rules. Measures that effectively discriminate against foreign or non-local bidders may violate equal treatment and non-discrimination obligations. Some narrowly tailored social, environmental or regional development criteria may be permissible when they are transparent, proportionate and linked to the contract’s subject matter.
Typical documents include the tender notice and specifications, general and special contract conditions, technical drawings or service descriptions, price schedules, bid form, performance guarantees or bonds, insurance certificates, and any correspondence setting out clarifications or amendments. Ensure that you keep and carefully review all documents as they determine rights and obligations.
Costs vary widely depending on the action - internal review and pre-litigation negotiation are relatively inexpensive, while formal complaints, interim measures and court proceedings can be costly. Costs include lawyer fees, expert reports, court fees and potentially damages or penalties. Many lawyers offer an initial assessment or fixed-fee services for bid reviews or pre-action advice. Discuss fee structure and likely costs at the first consultation.
Municipality of Wohlen - the municipal administration is the first point of contact for local tenders, procurement rules and the specific tender documents for contracts issued by the town.
Canton Aargau procurement office - the cantonal authority provides procurement rules, thresholds and guidance for cantonal and municipal contracting authorities within Aargau.
SIMAP - the Swiss official procurement platform where many public tenders are published and where you can search for notices and tender documentation for federal, cantonal and municipal contracts.
Swiss Federal Office for Buildings and Logistics - a federal agency that handles federal procurement in certain sectors and publishes guidance and standard contract templates for federal-level procurement.
Cantonal and federal courts and administrative tribunals - if you need to pursue a formal complaint or appeal, the relevant administrative review body or court will depend on whether the procurement is municipal, cantonal or federal.
Cantonal Bar Association or local lawyer referral services - for a qualified public procurement lawyer in or near Wohlen, contact the Aargau cantonal bar association or a local referral service to find a lawyer with experience in government contracts.
If you face an immediate procurement deadline or dispute, collect all relevant documents - tender documents, correspondence, bids, contracts, invoices, performance records and any communications with the contracting authority. Note any deadlines shown in the tender or notification letters and act quickly.
Contact a lawyer experienced in Swiss public procurement and preferably familiar with Canton Aargau practice. Ask for an initial assessment that addresses timeframe, likelihood of success for any challenge, possible remedies and an estimate of costs. If you are preparing a bid, ask the lawyer to review qualification requirements, exclusion criteria and the contract conditions before submission.
Consider alternative dispute resolution such as negotiation or mediation if quick resolution is important and the other party is open to it. Keep a clear record of communications and decisions, and follow formal procedural steps precisely when filing complaints or appeals - missing a deadline or failing to follow a prescribed form can forfeit your rights.
Finally, plan for both the legal and commercial outcomes - pursue legal remedies when they are necessary to protect significant rights, but weigh the costs, business relationships and timing when deciding whether to litigate or negotiate a settlement.
