Swiss public procurement law and mandates awarded to law firms in the context of COVID-19 solidarity guarantees
MANGEAT partner Grégoire Mangeat and Counsel Flavia Bianchi have published a legal analysis on the applicability of Swiss public procurement law to mandates awarded to law firms in the context of COVID-19 solidarity guarantees.
Their contribution follows recent press reports concerning a mandate related to the recovery of COVID loans, awarded to a Swiss law firm for fees exceeding CHF 60 million, without a public tender procedure. Rather than lodging an appeal, our firm chose to examine the legal framework and contribute to the public debate on this issue.
Our conclusion in this situation: a public procurement procedure cannot be excluded merely by referring to the guarantee organization as a private-law entity. More generally, the Confederation and the cantons could demonstrate greater transparency in their process of awarding mandates to law firms.
About the Authors
Grégoire Mangeat
Grégoire Mangeat is one of the founders of MANGEAT and Former Chairman of the Geneva Bar Association (2016-2018). He is recommended by Legal 500 and a ranked lawyer by Chambers and Partners.
Flavia Bianchi
Flavia is a Counsel at MANGEAT advises and represents individuals, companies, and public institutions in complex public law disputes and criminal proceedings before cantonal and federal authorities and courts.
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