Basic principles
The Purchasing Department advises and supports EPFL units for the purchase of goods and services. All employees and members of teaching staff must comply with applicable procurement laws and ordinances as well as EPFL directives in this field.
Purchases must be made according to the following principles:
- Compliance with laws, ordinances and directives;
- Observance of the rules of ethics;
- Actual need;
- Drawing up of specifications (mandatory for all purchases upwards of CHF 150,000);
- Depending on categories and requirements, develop and maintain product catalogs in Catalyse;
- Negotiation to obtain goods and services on the best terms;
- Transparency in the selection of suppliers;
- Equal treatment of suppliers;
- Observance of sustainable development principles;
- Registration of all orders in Catalyse.
For orders equal to or over CHF 50’000 (CHF 10,000 for scientific equipment), the Purchasing Department recommends obtaining at least three tenders from three different suppliers. This is also strongly advised in the case of controls carried out for external funding agencies for laboratories in order to ensure that funds are spent in respect of cost effectiveness criteria.
For any purchase exceeding CHF 150,000 excluding VAT, the unit concerned must draw up specifications and invite at least three different bidders. When the value exceeds the threshold set by the LMP/OMP (CHF 230,000 excluding VAT), the open public tender procedure provided for by this legislation must be applied.
All employees and members of teaching staff involved in a purchasing process are bound by strict rules of ethics. This includes signing the impartiality clause to guarantee objectivity, transparency, and the absence of conflicts of interest throughout the entire acquisition process. If an especially close relationship exists between an employee or member of teaching staff and a provider and this may give rise to a conflict of interest (or to the perception that a conflict of interest may exist), the employee or member of teaching staff is required to recuse himself/ herself. Especially close relationships include, for example, close current or former personal business ties with natural or legal persons (e.g. secondary employment, shareholding, employment relationships).
The partnership (marriage, de facto marriage), blood relationship, or economic dependency, amongst others.
Employees and members of teaching staff involved in procurement projects, as well as the staff of the Purchasing Offices, must comply in particular with the following principles :
- Immediately inform, in writing, their superior and the Purchasing Department if a tender is received from a provider with which they have an especially close relationship;
- Act exclusively in the interests of EPFL when evaluating tenders;
- Handle all information, documents and results connected with a procurement project confidentially before, during and after the tender process. These data must not be disclosed to unauthorised third parties under any circumstances;
- As far as possible, avoid contact with potential suppliers before or during the procurement project which could jeopardise equal treatment of all tenderers.
The Procurement Department ensures that all stakeholders, both internal and external to EPFL, participating in a procurement procedure under the LMP understand and sign the declaration of impartiality in accordance with Article 3 of the OMP. The purpose of this declaration is to ensure that only employees and external contractors who are able to evaluate bids in a completely neutral and impartial manner participate in procurement procedures.
Responsabilities
The tasks, powers and responsibilities regarding the procurement process at EPFL are defined in the Directives concerning purchases. According to these, the Purchasing Department is responsible for procurement and for supervision of the competent purchasing offices within EPFL. The Purchasing Department website references processes.
The heads of EPFL units are required to know the procurement principles and the rules on conflict of interest and recusal and to put these into practice in their area of responsibility.
All EPFL employees or members of teaching staff are required to observe the above principles when initiating any purchase.
Legal basis
- LEX 5.8.0.2 “Loi fédérale sur les marchés publics (LMP)”
- LEX 5.8.0.3 “Ordonnance sur les marchés publics (OMP)”
- LEX 5.8.1 “Directive concernant purchases at EPFL”
- LEX 4.1.0.1 “Loi sur le personnel de la Confédération”
- LEX 4.1.6 “Directive concerning the acceptance of benefits and invitations received”
Further informations
Advice for day-to-day business
Article 21, para. 3 of the LPers and Article 56b of the OPers-EPF specify that within the context of their professional duties, employees shall not accept from third parties, be it for themselves or for their close circle, any gifts or other benefits beyond modest customary tokens of politeness, which may lead to relations of dependency. These provisions are also repeated in LEX 4.6.1 “Directive concerning the acceptance of benefits and invitations received” (see chapter on Invitations & Benefits).
As a person involved in an ongoing procurement process, you must turn down all gifts, invitations or benefits offered to you by existing or potential providers, regardless of the amount, and immediately notify your superior and the Purchasing Department.
Contact the Purchasing Department at the beginning of the requirements planning/procurement process to benefit from advice and the best possible terms. Involve the ECO in the procurement of scientific equipment.
For public calls for tender:
- Allow at least six months between drafting the specifications and signing the order;
- Define the specifications on the basis of your own minimum technical requirements rather than the manufacturer’s product specifications;
Use the central purchasing portal Catalyse for all orders and purchases. By doing so, you ensure compliance with spending authority provisions, archiving of the purchase documents, traceability and correct processing of your order.
Purchases carried out in the framework of research projects are subject to the EPFL rules on procurement and, where applicable, to applicable rules on public procurement.
Where prototypes or new types of services are being developed with an industrial partner, purchases must likewise be approved by the Purchasing Department so as to ensure compliance with applicable rules on procurement.
Only the Vice Presidency for Operations is authorised to enter into lease agreements (see chapter on “Real Estate & Infrastructure”).
Contact
Purchasing Department
[email protected]