On 26.09.2024, at Swiss Recycle https://swissrecycle.ch/de/home /, we took part in a webinar on the subject of “Tenders – what to look out for” and expanded our knowledge. The subject was public procurement. Below, we are happy to share some thoughts with you and give you some important points on how best to write a tender. The article takes account of the total revision of the Intercantonal Agreement on Public Procurement (AIMP) https://www.belex.sites.be.ch/app/de/texts_of_law/731.2-1.
The first question you need to ask yourself as an awarding authority: Is the awarding authority subject to the provisions on public contracts? More detailed information can be found in art. 4 of the AIMP.
Next, you define the task. The following questions will help you: what type of project is it? What do you need to buy? What type of contract is involved: delivery, service or construction? Think very carefully about the type of contract. You will find guidance in art. 8 of the AIMP.
It is very important to determine the value of the contract carefully. A reliable assessment of costs is essential. To do this, aim for the upper end of the range. Respect the ban on fragmentation. All closely related services must be taken into account as well as subsequent contracts and options. In the case of fixed-term contracts, add up the remuneration over the fixed term (generally five years). Further details on calculating market value can be found in art. 15 of the AIMP.
Then determine the type of procedure. It may be a procedure in the field of international treaties or a procedure in the field of non-international treaties. A distinction is made between the following: open procedure, selective procedure, direct agreement procedure, invitation procedure. Different thresholds apply to the different types of procedure. Articles 16 et seq. of the AIMP and Annexes 1 and 2 of the AIMP are useful. It is then important to determine the criteria and how they are to be evaluated (art. 26 AIMP). For example, the principles of the award criteria must be taken into account (art. 29 AIMP). They must be linked to the service/offer. They must also be objective and verifiable. The aim is to determine the most advantageous offer. Possible criteria include price and quality, aesthetics, effectiveness of methodology, functionality, innovative content, creativity, customer service, delivery conditions, durability, availability of service, deadlines, cost-effectiveness and suitability. Yes/no criteria are not optimal. The weighting must be appropriate and proportional. Use the same rating scale for all award criteria.
Only then you start drafting the award documents (tender documents) (art. 35/36 AIMP). To do this, you think about the key elements, such as what is more complex than in other contracts? These could be key technical or local factors, etc. Think about the important aspects, such as changes in the quantities collected, the introduction of a new collection, etc. The key elements will help you to define the minimum mandatory criteria (e.g. transport licence), the qualification criteria and the award criteria. You then draw up a description of the services. The specifications follow on from this. Be precise in your description so the most appropriate one can be found. Contact a specialist department for technical expertise (e.g. logistics). Next, draw up a solid evaluation. Think about the information you need from the service provider to be able to carry out the assessment. For example, you may need to specify whether the qualification criteria have been met, or how the award criteria are weighted, etc. Once all the formulas, masks, input fields, tables, etc. have been examined, it is useful to test the evaluation to ensure that it works. It may be useful to carry out some market research to decide in which direction you want to design the evaluation. Ideally, you will append a draft contract for greater transparency. Possible contents include type of service, duration, liability, termination, legal bases, remuneration. The appendices are generally of great importance and often form the most important basis for calculating the price of the order. For example, a checklist can serve as a guide for the tenderer, or there are tender forms that can be filled in by the tenderer.
A final word of advice: use templates that have been checked and approved by legal experts.
This is followed by the publication and/or dispatch of the award documents (art. 48 AIMP). As of 01.07.2024, SIMAP https://www.simap.ch/de / has been restructured and you will need to register again.
Tenders submitted by the deadline are opened and recorded in the tender opening minutes. After the award, tenderers may consult the minutes on request (art. 37 AIMP).
During the overall examination of the bids, you first sort out the valid and invalid bids, and then proceed with the evaluation (art. 38 et seq. AIMP).
The most advantageous tender is selected (according to the criteria defined). The award is notified. Publication on SIMAP must contain the minimum content. From now on, a letter is not necessary if you have mentioned it beforehand in the invitation to tender.
Once the appeal period has expired, which is now 20 days, you can conclude the contract (art. 42 AIMP).
The above lists should not be considered exhaustive.
We’d be delighted to share our knowledge with you when you submit your next quotation. Request a quotation. If you would like to find out more about exporting waste, you can find our latest articles here:
- The export of waste in Europe
- Export of wastes? We know how!!!
- Exporting waste from Switzerland: Waste exports from Switzerland: what should we learn from the figures for 2022?
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