1 This Act does not apply to:
- a.
- the procurement of goods, work and services with a view to commercial sale or resale, or with a view to use in the production or supply of goods, work and services for commercial sale or resale;
- b.
- the acquisition, rental or leasing of land, buildings and installations, and the corresponding rights thereto;
- c.
- the granting of financial assistance in accordance with the Federal Act of 5 October 199010 on Financial Assistance and Subsidies;
- d.
- contracts for financial services relating to the issuance, purchase, sale, transfer or management of securities or other financial instruments and central bank services;
- e.
- contracts with institutions for the disabled, work integration organisations, charities and penal institutions;
- f.
- contracts under personnel law;
- g.
- the following legal services:
- 1.
- representation of the Confederation or a federal public corporation by a lawyer in national or international arbitration, conciliation or court proceedings and associated services,
- 2.
- legal advice from a lawyer with regard to possible proceedings under number 1 if there is a high probability that the matter to which the advice relates will become the subject of such proceedings;
- h.
- procurements:
- 1.
- within the framework of international humanitarian emergency assistance and agricultural and nutritional support,
- 2.
- in accordance with the specific procedures or conditions set out in an international agreement regarding the stationing of troops or the joint implementation of a project by signatory states,
- 3.
- carried out in accordance with the specific procedures or conditions of an international organisation or co-financed by international financial assistance, loans or other forms of assistance if the procedures or conditions applicable would be incompatible with this Act,
- 4.
- within the framework of international cooperation, provided that an equivalent local procedure is followed in the recipient state;
- i.
- public pension funds of the Confederation.
2 The contracting authority has to prepare documentation on each contract awarded in accordance with paragraph 1 letter h.
3 In addition, this Act does not apply to the procurement of goods, work or services:
- a.
- from tenderers that have an exclusive right to provide such goods, work or services;
- b.
- from other, legally independent contracting authorities which are themselves subject to procurement law, provided that these contracting authorities do not provide these goods, work and services in competition with private tenderers;
- c.
- from dependent organisational units of the contracting authority;
- d.
- from tenderers over which the contracting authority exercises control identical to the control over its own units, insofar as these tenderers provide their goods, work or services for the most part for the contracting authority.
4 Furthermore, this Act does not apply to public contracts:
- a.
- if this is deemed necessary for the protection and maintenance of external or internal security or public order;
- b.
- insofar as this is necessary for the protection of human health or life, or of flora and fauna;
- c.
- insofar as tendering would infringe intellectual property rights.