Direct award

How it works

The contracting authority awards a public contract directly, without a tender. It is entitled to obtain comparative quotes and to negotiate (PPA Art. 21 para. 1).

Below the thresholds

If a contract is below the threshold for the invitation procedure, it may be awarded directly. The values for the Confederation, cantons and municipalities are in the guide “Thresholds and procedures”.

Exceptions above the thresholds

Regardless of the value, a direct award is allowed if one of the grounds listed in the law applies (PPA Art. 21 para. 2). They include:

• No suitable bids or requests to participate were received in an open, selective or invitation procedure.
• Because of technical or artistic features or the protection of intellectual property, only one bidder comes into question and there is no adequate alternative.
• Unforeseeable events make the procurement so urgent that no other procedure is possible, even with shortened deadlines.
• Changing the bidder to replace, supplement or extend services already provided is not possible for economic or technical reasons, or would cause considerable difficulties or substantial extra costs.
• The follow-on contract goes to the winner of a planning or design-and-build competition, if the contracting authority reserved this in the tender.

Limits and transparency

A contract may not be described in such a way that only one particular bidder comes into question from the outset (PPA Art. 21 para. 5). The contracting authority documents every award made under these exceptions (PPA Art. 21 para. 4).

Direct awards from the threshold of the open or selective procedure are published on simap.ch (PPA Art. 48 para. 1). Only those who can and want to provide the service may appeal, and only on the grounds that the direct award procedure was wrongly used or that the award was made through corruption (PPA Art. 56 para. 4).

What this means for you

• You won't find direct awards as tenders. What matters is that contracting authorities know your business and your service.
• Published awards show which bodies award which services and at what prices.
• Against a published direct award, the 20-day appeal period runs from notification (PPA Art. 56 para. 1).