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Public procurement in the Canton of Bern

Public procurement by the authorities of the Canton of Bern and its municipalities is regulated by law, notably by the Cantonal statute and ordinance concerning public procurement.

Tenders for contracts whose value exceeds CHF 500’000 in the case of construction services, or CHF 250’000 in the case of other contracts, are published online at In special cases as provided for by law, contracting authorities may forego a public tender; any decisions to that effect are also published at

Participating in public tenders 

All enterprises in Switzerland and abroad are invited to submit offers in response to public tenders, provided that they meet the requirements set forth in the tender documentation. These requirements include, but are not limited to, the following:

  • Offers must be submitted in German or in French, as specified in the tender, except where explicitly otherwise provided for.
  • Providers must be in compliance with all applicable labour, environmental, tax, social security, and competition laws and regulations. In particular:
    • They must guarantee equal pay for male and female employees.
    • They must guarantee payment and labor conditions according to law and any applicable collective employment contract. For goods made or services provided abroad, they must, as a minimum, guarantee compliance with the eight fundamental conventions of the International Labour Organization (ILO).
    • They must be able to prove payment of any due tax and social security obligations.
    • They must not be undergoing bankruptcy proceedings or be otherwise unable to guarantee the proper fulfilment of the contract.

To guarantee the equal treatment of all potential providers, procuring authorities normally do not provide information or documentation about public procurements, other than that published at


Any violation of public procurement laws by public authorities concerning contracts worth more than CHF 100'000 (supply contracts) or CHF 150'000 (services contracts) is subject to administrative and judicial review. The reviewing authority in the first instance is the competent Government department or (in the case of municipal procurements) the competent prefecture, and in the second instance the Administrative Court of the Canton of Bern.

Complaints must be submitted in writing within ten days following receipt of the government decision to be contested, in German or in French depending on the language of the tender, and must be signed. They must specify the relief sought, identify the reasons for the complaint, and be accompanied by a copy of the contested decision and any available evidence.

Complainants may incur fees if the complaint is unsuccessful. They are advised to retain a lawyer qualified to practice law in the Canton of Bern to ensure that the requirements for review of a complaint are complied with.

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