Procurement Risk:
Moderate
Score:
61/100
Government Policy
Q57
NEI/100
Does the country have legislation covering defence and security procurement with clauses specific to corruption risks, and are any items exempt from these laws?
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This indicator is not assigned a score in the GDI. Until the end of 2020, legislation was in place to exempt the “procurement of…
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Under revised legislation that came into force on 1 January 2021, certain provisions are in place to cover the “procurement of weapons, ammunition, war…
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There is not enough information to score this indicator. Under revised legislation that came into force on 1 January 2021, certain provisions are in…
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Q58
83/100
Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
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The acquisition process is subdivided into several main phases preceding procurement: planning, evaluation and parliamentary deliberation. These first phases involve the Armed Forces Staff,…
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There are brochures describing the procurement cycle process in general terms [1, 2]. The information provided in these brochures is clear and broken down…
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There are internal rules and procedures for the implementation process of procurements; however, they are not publicly available [1]. Some information around the procurement…
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Q59
92/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
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The parliamentarian oversight is well-established. There are the Control Committees [1], the Finance Committees [2] and the Security Policy Committee (SPC) [3]. There are…
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The procurement oversight bodies are active but typically intervene late in the process, often after the fact [1]. Reports by the SFAO are shared…
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All oversight bodies produce reports on their activities that are publicly available. The SFAO does produce an annual report mandated by law (Article 14.1,…
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The so-called MASTERPLAN is developed annually by the Armed Forces Staff [1]. According to a brochure produced by the Federal Office for Defence Procurement,…
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Every year the government submits a “Message” (“Armeebotschaft”) to Parliament containing a defence spending plan (“Rüstungsprogramm”) and a property plan (“Immobilienprogramm”) [1]. Since 2017,…
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There are different types of tender (open procedure, selective procedure, invitation procedure and negotiated procedure) and the rules vary depending on the procedure that…
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Data is released in an aggregate form. Some projects are more detailed. In general, the information is provided in the “Armeebotschaft” [1] the annual…
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Capability Gap and Requirements Definition
Q62
NEI/100
What procedures and standards are companies required to have – such as compliance programmes and business conduct programmes – in order to be able to bid for work for the Ministry of Defence or armed forces?
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The current law and accompanying ordonnance on public procurement do not mention corruption risk or history, specifically as a criterion to discriminate against a…
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A search on simap.ch on tenders from Armasuisse only revealed work conditions and salary equality for women and men as criteria. Corruption was not…
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Q63
83/100
Are procurement requirements derived from a national defence and security strategy, and are procurement decisions well-audited? Are defence purchases based on clearly identified and quantified requirements?
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At the heart of all national defence planning is the Federal Council’s armament strategy [1]. The MASTERPLAN is developed by the Armed Forces Staff…
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Article 12.4 of the Federal Finances Act states that the federal finances have to be managed “according to urgency and economically [Dringlichkeit und Sparsamkeit]”…
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All purchases are based on the Basic Principles of the Federal Council for the DDPS’ Armament Policy [1, 2]. Every year the government submits…
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Tender Solicitation, Assessment and Contract Award
Q64
50/100
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
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There are different types of tenders (open procedure, selective procedure, invitation procedure and negotiated procedure) and the rules vary depending on the procedure that…
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There are different types of tenders (open procedure, selective procedure, invitation procedure and negotiated procedure) and the rules vary depending on the procedure that…
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Q65
69/100
Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
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The Code of Conduct for Federal Personnel (COC) applies to officials deciding on tenders and summarizes existing rules for government employees. It discusses gifts…
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The FDF provides data on a yearly basis on procurement procedures for all ministries [1]. Tendering procedures are subject to the oversight mechanisms in…
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The publicly avaialble COC applies to officials deciding on tenders and summarizes existing rules for government employees. However, this is a general document and…
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The FDF provides data on a yearly basis on procurement procedures for all ministries [1]. Tendering procedures are subject to the oversight mechanisms in…
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Q66
75/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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Swiss law does not use the term collusion but prohibits such competition distorting acts. Article 4 of the Cartel Act (CartA) defines “Agreements affecting…
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The website of the Beschaffungskonferenz des Bundes (BKB) has a section on corruption prevention and emphasizes its importance [1]. It highlights the creation of…
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Switzerland has an independent judiciary. It ranks eighth out of 137 countries for judicial independence in the World Economic Forum’s Global Competitiveness Index [1].…
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No direct evidence for specific training offers dedicated to the detection of collusion patterns could be found. However, the ability to identify problematic patterns…
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Contract Delivery and In-Service Support
Q67
63/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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Article 9 of the current Bundesgesetz über das öffentliche Beschaffungswesen (BöB) opens up the possibility of qualification criteria. Article 10 sets out a verification…
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The current, as well, as the revised BöB, prescribes the publication for the open and selective procedure including accepted bids (Article 24 BöB and…
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Officials regularly review contracts and follow-up on the current state of delivery. There are twice a year a meeting with the supplier to ensure…
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Breaches of contract are very rare and are followed up on immediately. This can be attributed to a close follow-up with the suppliers and…
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Q68
83/100
Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
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Chapter 5 of the Bundesgesetz über das öffentliche Beschaffungswesen (BöB) contains provisions on legal protection and complaints. After a contract has been awarded the…
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Switzerland has an independent judiciary. It ranks eighth out of 137 countries for judicial independence in the World Economic Forum’s Global Competitiveness Index [1].…
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Call for offers have to be publicly announced containing objective criteria. The inclusion in the register of approved suppliers is also following publicly announced…
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Civil and military penal law have clear provisions concerning corruption. These provisions do also apply to public procurement [1, 2]. The new Federal Law…
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There is not enough information to score this indicator because until 1 January 2021, procurement officials did not have the authority to exclude companies…
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There is not enough information to score this indicator. Title 19 Article 322 of the Swiss Criminal Code foresees penalties for active and passive…
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Offset Contracts
Q70
25/100
When negotiating offset contracts, does the government specifically address corruption risk by imposing anti-corruption due diligence on contractors and third parties?
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Under the plurilateral Agreement on Government Procurement (GPA), offset contracts are only legal for armament procurements [1]. Offset contracts are part and discussed in…
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The operational controlling is led by Armasuisse in cooperation with the Offset Office in Bern. The office was set up by the industry interests…
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General policies and resources for offset procedures are provided in a policy document issued by armasuisse [1]. The lead firm has to designate a…
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There is a publicly available registry where since 1 April 2018 firms participating in an offset deal agree to be listed. This list is…
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Although there is not a systematic nuanced performance appraisal for offset contracts, Armasuisse officials verify if the contractually agreed terms have been observed. There…
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The lead firm has to designate a point of contact or might even have to establish a coordination office in Switzerland for big projects…
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Offset contracts are concluded under the assumption of a competitive Swiss industry [1]. The Federal Council stated that offset contracts should not be a…
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Agents / Brokers
Q73
0/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
View QuestionFinancing Package
Q74
0/100
Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
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Even for major arms deals, details such as payment timelines, interest rates, commercial loans, etc are not publicly available. However, due to the direct…
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Seller Influence
Q75
NS/100
How common is it for defence acquisition decisions to be based on political influence by selling nations?
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This indicator is not assigned a score in the GDI. In general, political power is diffused in the Swiss political system (seven-person coalition government,…
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This indicator is not assigned a score in the GDI. Armament purchases are based on the Federal Council’s strategy [1]. The MASTERPLAN is developed…
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This indicator is not assigned a score in the GDI. In general political power is diffused in the Swiss political system (seven-person coalition government,…
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