Federal Act
on Public Procurement
(PPA)

In this Act:

a.

ten­der­er means an in­di­vidu­al or leg­al en­tity un­der private or pub­lic law, or a group of such per­sons or en­tit­ies, which sup­plies goods, work or ser­vices or which ap­plies to par­ti­cip­ate in a pub­lic tender, the del­eg­a­tion of a pub­lic task or the grant­ing of a con­ces­sion;

b.

pub­licun­der­tak­ing means an un­der­tak­ing over which pub­lic au­thor­it­ies may dir­ectly or in­dir­ectly ex­er­cise a dom­in­ant in­flu­ence by vir­tue of their own­er­ship, their fin­an­cial par­ti­cip­a­tion, or the rules which gov­ern it; a dom­in­ant in­flu­ence is pre­sumed to ex­ist if the un­der­tak­ing's as­sets are pre­dom­in­antly fin­anced by the state or by oth­er pub­lic un­der­tak­ings, if its man­age­ment is sub­ject to su­per­vi­sion by the state or by oth­er pub­lic un­der­tak­ings, or if its ad­min­is­trat­ive, ma­na­geri­al or su­per­vis­ory bod­ies are made up pre­dom­in­antly of mem­bers ap­poin­ted by the state or by oth­er pub­lic un­der­tak­ings;

c.

scope of in­ter­na­tion­al treat­ies means the scope of ap­plic­a­tion of Switzer­land's in­ter­na­tion­al ob­lig­a­tions con­cern­ing pub­lic pro­cure­ment;

d.

terms and con­di­tions of em­ploy­ment means the man­dat­ory pro­vi­sions of the Swiss Code of Ob­lig­a­tions⁶ con­cern­ing the em­ploy­ment con­tract, norm­at­ive pro­vi­sions of col­lect­ive and stand­ard em­ploy­ment con­tracts or, in the ab­sence of these, the em­ploy­ment con­di­tions cus­tom­ary in the place of work and in the sec­tor;

e.

work­place health and safety reg­u­la­tionsare pro­vi­sions of pub­lic em­ploy­ment law, in­clud­ing the pro­vi­sions of the Fed­er­al Act of 13 March 1964⁷ on Em­ploy­ment in Busi­ness, Trade and In­dustry and the re­lated im­ple­ment­ing le­gis­la­tion, as well as the pro­vi­sions on ac­ci­dent pre­ven­tion.