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Federal Act on Public Procurement (PPA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
of 21 June 2019 (Status as of 1 January 2022)
Art. 45Sanctions
1 If a tenderer or subcontractor which, either itself or through its governing bodies, fulfils to a serious extent one or more of the criteria referred to in Article 44 paragraph 1 letters c and e and paragraph 2 letters b, f and g, the contracting authority or the competent authority by virtue of the law order may exclude it from future public contracts for a period of up to 5 years. A warning may be issued in minor cases. In the case of corruption (Art. 44 para. 1 lit. e), the tenderer is excluded from contracts awarded by all federal contracting authorities; in the other cases, the tenderer is excluded from contracts awarded by the contracting authority concerned only.
2 The possible sanctions apply irrespective of whether any further legal action is taken against the tenderer or subcontractor concerned or its governing bodies. The contracting authority shall notify the Competition Commission of any suspicion of unlawful agreements affecting competition (Art. 44 para. 2 lit. b).
3 The contracting authority or the competent authority by virtue of the law shall notify an office designated by the Federal Council of a legally binding exclusion in accordance with paragraph 1. This office shall keep a non-public list of sanctioned tenderers and subcontractors, which records the reasons for the exclusion and the duration of the exclusion from public contracts. The office shall ensure that each contracting authority can obtain the relevant information in relation to a particular tenderer or subcontractor. It may establish a retrieval procedure for this purpose. The Confederation and the cantons shall allow mutual access to all information collected in accordance with this article. The entry is deleted from the list once the sanction has expired.