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Bid Waiver

Bid Waiver Template for Switzerland

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Key Requirements PROMPT example:

Bid Waiver

"I need a Bid Waiver document under Swiss law for an emergency IT infrastructure upgrade worth CHF 500,000, required to address critical security vulnerabilities by March 2025, with direct award to our existing system provider."

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Document background
The Bid Waiver document is a crucial instrument in Swiss public procurement when standard competitive bidding procedures cannot or need not be followed. It is used when specific circumstances defined in the Federal Act on Public Procurement (¹ó´¡±Ê±Ê/µþöµþ) permit direct awards, such as technical uniqueness, urgency, or specific economic conditions. The document must demonstrate compliance with Swiss federal and cantonal procurement laws, providing comprehensive justification for the waiver. It includes detailed information about the procurement need, selected contractor qualifications, value assessment, and legal basis for the exception. The Bid Waiver is particularly important for maintaining transparency in public procurement while allowing necessary flexibility when competitive bidding is not practical or beneficial.
Suggested Sections

1. Parties: Identification of the contracting authority and the proposed contractor

2. Background: Context of the procurement need and brief overview of the situation necessitating a bid waiver

3. Definitions: Key terms used throughout the document

4. Legal Basis: Citation of relevant provisions from ¹ó´¡±Ê±Ê/µþöµþ and ±Ê±Ê°¿/³Õöµþ that permit the bid waiver

5. Procurement Description: Detailed description of the goods, services, or works to be procured

6. Justification for Waiver: Detailed explanation of why competitive bidding is not feasible or necessary in this case

7. Value Assessment: Analysis of the contract value and confirmation it falls within appropriate thresholds

8. Contractor Selection Rationale: Explanation of why the selected contractor is appropriate for direct award

9. Compliance Statement: Declaration of compliance with procurement laws and regulations

10. Authorization: Required signatures and approvals from authorized officials

Optional Sections

1. Market Analysis: Analysis of market conditions and available suppliers (include when justification requires market evidence)

2. Technical Requirements: Detailed technical specifications (include for complex technical procurements)

3. Risk Assessment: Analysis of risks associated with the waiver (include for high-value or sensitive procurements)

4. International Obligations: Assessment of GPA compliance (include when contract value exceeds international thresholds)

5. Conflict of Interest Declarations: Statements regarding absence of conflicts (include when required by specific cantonal regulations)

Suggested Schedules

1. Schedule A - Scope of Work: Detailed description of the goods, services, or works to be provided

2. Schedule B - Pricing Details: Breakdown of costs and pricing structure

3. Schedule C - Timeline: Project timeline and key milestones

4. Appendix 1 - Supporting Documentation: Evidence supporting the waiver justification (e.g., market research, technical specifications)

5. Appendix 2 - Contractor Qualifications: Documentation of contractor's unique qualifications or capabilities

6. Appendix 3 - Legal Compliance Certificates: Relevant certificates and documentation proving compliance with Swiss procurement laws

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
































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Relevant Industries

Public Administration

Government Services

Construction

Information Technology

Healthcare

Defense

Infrastructure

Transportation

Education

Environmental Services

Professional Services

Research and Development

Relevant Teams

Procurement

Legal

Compliance

Finance

Public Affairs

Risk Management

Project Management

Government Relations

Operations

Technical Services

Relevant Roles

Procurement Manager

Legal Counsel

Compliance Officer

Public Sector Administrator

Contract Manager

Finance Director

Project Manager

Technical Specialist

Risk Manager

Chief Financial Officer

Public Procurement Officer

Government Relations Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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