According to the Bundesrat, foreign policy aspects can only play a role in the procurement of fighter jets if the offers are equivalent. In his reply to the supervisory authority, he either rejects their objections in this regard or considers that the corresponding requirements are met.
In September, the Audit Committee of the National Council criticized in particular the fact that the Department of Defense DDPS and the Federal Council, at the beginning of the evaluation process of the new fighter jet without in-depth investigation, defined the preconditions in such a way that the state government ultimately had no leeway to include foreign policy in its decision-making aspects.
According to media reports, France in particular had promised far-reaching political counter-deals when purchasing the French fighter jet Rafale. The government of President Emmanuel Macron is said to have promised Switzerland extensive support in the negotiations with the EU. In addition, France would have agreed to transfer a larger share of tax revenue from border commuters to Switzerland.
credibility and reputation
In June 2021, Defense Secretary Viola Amherd announced that US manufacturer Lockheed Martin had made the best value for money offer. The decision sparked numerous discussions at the political level and in the media. Airbus had also requested the order with the Eurofighter, Boeing with the F/A-18 Super Hornet and the French company Dassault with the Rafale.
In its statement on the recommendations and findings of the Audit Committee of the National Council, which was published in the Official Gazette on Wednesday, the Federal Council writes that it has examined and clearly defined its scope of action. However, a purely political decision would call into question the sense and purpose of the evaluation process and damage the authority’s credibility and reputation.
The legal basis leaves room for political leeway in arms purchases, and the Bundesrat will continue to use it in the future. In the notice on the planning decision, the Bundesrat stated in particular that foreign policy aspects can play a role in equivalent offers.
Clear game rules
Foreign policy considerations could play a role and be taken into account by the decision-making authority in the overall assessment if several providers meet the factual and technical criteria and the results of the evaluation are not too far apart.
If, on the other hand, the results of the evaluation were to differ greatly, the decision-making power would, according to the Bundesrat, have less room for manoeuvre.
With the chosen procedure, the state government ensured that the providers cooperating with Switzerland could rely on clear rules of the game and did not have to fear that a decision would be made for or against a provider based on unclear criteria or incomprehensible reasons.
Unsuitable
According to the National Council’s Business Review Committee, the “biggest problem with the tendering process” was that the Federal Council itself ignored overriding political and economic considerations in choosing the new fighter jet.
While all fighter jets evaluated met the technical requirements, “significant counter-transactions” were not included. Ultimately, it is not possible to judge what would have been the best offer in the public interest of Switzerland.
All in all, the evaluation process was lawful but not appropriate, the supervisory authority concludes in its report published in September. (SDA)