¹ This order shall rule:

A. ¹

The duties and responsibilities of the federal government units referred to in s. 7 and 7 A , para. 1, let. A and b, of the order of 25 November 1998 on the organisation of government and administration (OLOGA) ² , as well as those in the field of EPF, in the field of property management;

B.

The tasks and competences of the Federal Office for Construction and Logistics (OFCL) in the field of logistics;

C.

How to proceed in the event of a dispute.

² It does not apply to the Confederation infrastructure facilities related to national roads within the meaning of s. 2 of the order of 7 November 2007 on national roads ³ ; the property management of national roads is governed by the Federal Law of 8 March 1960 on national roads ⁴ .

¹ In its management of real estate and logistics, the Confederation ensures the appropriate supply of buildings and logistics assets by ensuring value-for-money optimization in the long term. It aims to improve transparency and awareness of costs, as well as to encourage economic behaviour, particularly in view of the life-cycle costs.

² In the field of real estate management, it aims to achieve the following strategic objectives:

A.

Concentration of units of the federal government in multi-purpose structures of appropriate size, belonging to the Confederation when it is economic;

B.

Creation and application of standards based on sustainable development in studies, construction, development, management, operations and deconstruction; in order to achieve this objective, the federal government introduces a system of Resource and environmental management.

³ In the field of logistics, it aims at the following strategic objectives:

A.

Standardization and maintenance of matches;

B.

Concentration of orders and cooperation with other public organisations in the field of procurement;

C.

Periodic review and development of procurement processes and organizations;

D. ¹

Centralization of the official publication of data on media such as electronic media, paper, CD, etc.;

E.

Use and distribution ² Data in all types of Confederation, including shipments in large quantities.

¹ The construction and building services (SCI) in the field of real estate management and the OFCL in the field of logistics carry out their tasks in accordance with the principles of opportunity, the economy and the Consideration of the needs of users, taking into account the cultural and ecological aspects and the needs of persons with disabilities.

² They work together in partnership.

¹ The Federal Council approves past conventions:

A.

With the administrative delegation of the Federal Assembly on collaboration in the areas of real estate management in favour of the Federal Assembly and Parliamentary Services;

B. ¹

Under s. 25 A The Act of 17 June 2005 on the Federal Court ² , 18 and 62 of the Law of 19 March 2010 on the organisation of criminal authorities ³ And 27 A The Act of 17 June 2005 on the Federal Administrative Tribunal ⁴ ;

C.

With the Swiss Society of Public Utility (SSUP) on collaboration (particularly in the areas of administration, use and maintenance) concerning the Grütli Prairie.

² The Federal Department of Finance (DFF) has the power to negotiate conventions.

³ It may itself agree on adaptations of the conventions to the extent that these are technical-administrative matters which do not have significant financial implications.

SCI can, by contract and cost-covering costs, provide real property management benefits:

A.

Units of the federal government referred to in s. 7 A , para. 1, let. C and d, OLOGA ² ;

B.

Organizations or persons outside the administration referred to in s. 6, para. 3, first sentence, OLOGA;

C.

Other public administrations.

¹ The OFCL's real estate portfolio includes all the buildings of the Confederation that are neither part of the DDPS property portfolio nor that of the FIF. Also included in the OFCL's real estate portfolio are buildings intended for the performance of tasks:

A.

The Federal Assembly and the Parliamentary Services (s. 4, para. 1, let. (a);

B. ¹

Federal Courts and the Public Prosecutor's Office (Art. 4, para. 1, let. (b);

C.

Confederation abroad;

D.

Extrapartal commissions referred to in s. 57, para. 2, LOGA

E.

Other institutions by virtue of agreements under ss. 4 and 5.

² The DDPS property portfolio includes all buildings of the Federal Department of Defence, Population and Sport Protection (DDPS) used and managed by the DDPS as owner or possessor; excepted:

A.

Buildings for the administration of the DDPS in the Bern region;

B.

Federal Office of Sport buildings.

³ The EPF real estate portfolio includes all buildings intended to carry out the tasks of the FIF domain.

¹ For the purposes of this order, real estate refers to all land, buildings and facilities owned or in the possession of the Confederation, in particular in the form of leasing, leasing or leasing.

² Property management includes all measures designed to cover the local needs of the federal government and to safeguard the interests of the Confederation as owner and owner of buildings, master of work, Building manager and operator.

³ Organizational units that are competent for the management of real estate in the fields specified in art are designated as SCI. 6, para. 1.

⁴ Organizational units that use one or more buildings are designated as user organizations (OR).

¹ Responsible for the management of real estate as SCI:

A.

OFCL, for buildings in its real estate portfolio;

B.

Armasuisse, for buildings forming part of the housing portfolio of the DDPS;

C.

The EPF Board for real property in the EFA real estate portfolio.

² For mixed-duty buildings, responsibility is defined on the basis of the main allocation.

³ If, in a particular case, doubts remain about liability and if no agreement is reached, the departments concerned shall settle the matter between them. If they cannot agree, the head of the DFF decides.

⁴ In instructions, the SPB defines the duties and competencies of the DPS real estate holding holders and the EFA Board those of the owners of the EFA real estate portfolio.

⁵ The instructions of the Council of EPF are based on the diagram of functions in Annex 1; this diagram takes precedence over art. 9 and 12 of this order in the event of a contradiction.

⁶ In its financial management of the EPF portfolio owned by the Confederation, the EPF Board applies the s. 28 to 32, 34 to 39 and 49 to 52 A The Order of 5 April 2006 on the finances of the Confederation ^{1 , 2} .

¹ In their area of expertise, SCI is responsible for the strategic, tactical and operational leadership of real estate management.

^1bis They take into account in a balanced way, in all phases of real estate management, the three dimensions of sustainable development of society, the economy and the environment. In accordance with Art. 27, the DFF enacts instructions on sustainable property management. These, together with the corresponding recommendations of the Conference on the Coordination of Construction and Building Services of Public Works Teachers (KBOB) ¹ , are critical to the implementation of sustainable real property management. ²

² In the area of strategic pilotage, the SCI has in particular the following tasks:

A.

Needs assessment: Examine the needs announced in terms of legality, timeliness, standards, optimization of operating processes, economy and funding;

B.

Planning and piloting investments: Planning and piloting commitment appropriations and budgetary appropriations;

C.

Real estate portfolio management: Define strategies, comprehensive designs, guidelines and control instruments to optimize the cost-utility ratio of the Confederation's real estate portfolio;

D.

Cost transparency: To create transparency by highlighting the actual costs of the Confederation as owner and owner of buildings, as owner, manager and operator of buildings;

E.

Multi-year planning and objective setting: develop, within the framework of continuous multi-year planning, strategic objectives and, depending on them, define operational objectives each year;

F. ³

...

³ In the field of tactical project management, the CIS in particular has the following tasks:

A.

Status report: Establish a status report with the following content at a specified rate:

1.

Comparison between the current situation and the situation,

2.

Prognosis until the end of the project

3.

Appreciation of the causes of the differences between the current situation and the situation in question, as well as the opportunities and risks,

4.

Proposals for pilot measures to achieve the objectives,

5.

Possibly, request for modification of the project (deviations from target, correction of objective);

B.

Project control: Implement management control instruments to pilot each project;

C.

Periodic reports: Draw up a report every six months with a comment on the control of commitment appropriations and budgetary appropriations;

D.

Audits: Carry out audits for all projects and processes in the management of real estate, on the basis of the substantive department of the SCI; the DFF is responsible for audits of the property portfolio of FIFs.

⁴ In the field of project operational guidance, the SCI has in particular the following tasks:

A. ⁴

Supply of buildings, divestment and commercial management of Works , Including the acquisition, including cooperation in the field, the management of premises and surfaces, the accounting of works and the management of contracts. OFCL and armasuisse comply with the provisions relating to the controlling of purchases contained in the order of 24 October 2012 on the organisation of public contracts in the federal government ⁵ ;

B.

Technical management of buildings, Including maintenance, technical operation and energy and safety management;

C.

Building infrastructure management, Including the acquisition, provision, coordination and supervision of all services necessary for the daily use of the work;

D.

Prior studies and project studies, Including the management of the phases of feasibility studies, project definition, selection procedure, preliminary draft, construction project, authorisation procedure and commissioning project; optimisation of the costs of the cycle The building's life must be taken into account during all phases of the project;

E.

Invitation to tender and implementation, Including the management of the tender phases, the comparison of tenders, tenders, implementation, implementation, commissioning and completion of the work, taking into account the costs of the building's life cycle;

F.

Resource consumption Including the management of resources and environmental aspects, as well as the preparation of periodic reports on the consumption of resources (heat, electricity, water, waste) by energy reference surface and by building (account The information is made available to the OR interested in the RUMBA programme (management of resources and management). Environment of the federal government).

The ITS takes into account, as part of their tasks, the needs of the OR in an appropriate manner. In addition, the special rules referred to in s. 21 apply to OFCL.

¹ The CIS refers to the interlocutors to whom their OR can address the relevant operation.

² The stakeholders for the OFCL's real estate portfolio are listed in Annex 2.

¹ Within the limits of commitment appropriations and budgetary appropriations granted by the Federal Chambers and in accordance with the directives of the relevant department, the SCI can deal with all matters within their respective areas of competence. In particular, they are:

A.

The purchase and sale of real property, as well as the constitution, modification, exercise and cancellation of pre-emption, emption and repurchase on real property;

B.

The constitution, modification and cancellation of surface rights and other limited real rights;

C.

The rental and leasing of real property or parts of real property, as well as the collection of rents and associated costs;

D.

The leasing and leasing of real property for the federal government;

E.

The conclusion of leasing operations in the context of Art. 52 of the Order of 5 April 2006 on the finances of the Confederation ¹ ;

F.

The imposed definition of standards for the construction, allocation of surfaces, interior design, and the management and operation of buildings;

G.

The economic and rational use of the space available;

H.

The firm allocation of buildings and premises to OR after consultation with the departments concerned;

I.

The award of construction contracts, supplies and services;

J.

Mandates given to third parties.

² CISs can assign tasks to OR within the framework of conventions.

¹ If an SCI is considering buying a building, it will first ask the other SCI if they have an appropriate object in their portfolio.

² If an SCI intends to sell a building, it proposes, subject to preemption or repurchase rights, to the following potential buyers in the following order of priority:

A.

Other CIS (specific needs of the Confederation);

B.

Cantons;

C.

Communes;

D.

Individuals.

³ The sale to the cantons, municipalities or private individuals is carried out in principle at market prices.

⁴ For the purchase and sale of buildings, the Federal Roads Office is assimilated to the SCI. ¹

The Federal Palace and the centre of the city of Bern are reserved for the Federal Assembly, the Federal Council and the services that are close to it, as well as the organisational units carrying out international tasks.

¹ The OR shall cooperate in the performance of the tasks set out in this Ordinance as directed by the SCI.

² The OR who use real estate portfolios of the OFCL and the DDPS are in principle not entitled to make available to third parties the premises allocated to them by the SCI. Exceptions are subject to written regulations between the OR and the SCI.

³ They formulate and justify their real estate needs and submit their applications according to the instructions of the relevant SCI.

⁴ The OR and ITS shall take into account their respective rights and obligations and shall inform each other of all important matters.

¹ The property portfolio (s) of the OFCL and the general secretariats (SG) or other parent bodies to which they are attached designate real estate officials as partners responsible for collaborating with the OFCL. They provide them with the necessary skills and resources.

² They shall designate the persons responsible for performing the following duties on a permanent basis:

A.

Responsible for the contact service for buildings at the level of the SG or the home office of the OU;

B.

Property logistician at the OR (LI OR) level;

C.

Logistician in real estate at OR (LI E) locations.

³ In the context of a construction project, they designate the person responsible for performing the temporary function of the OR and, in large projects, the temporary function of project leader for the OU in the organisation of the project. Construction.

⁴ The tasks to be performed by the functions referred to in paras. 2 and 3 are contained in Annex 3.

⁵ Where appropriate, the functions referred to in paras. 2 and 3 may be exercised by the same person.

¹ The OR formulates, justifies and announces their needs according to the instructions of the OFCL.

² In their applications, they must provide economic evidence of their needs.

³ Before submitting their applications to the OFCL, the OR requests an appraisal and a recommendation of the competent SG or, where appropriate, their organ of attack, with the exception of requests for minor works and maintenance work.

⁴ SG or substantive bodies review and value applications and set priorities, compare them with the department's or unit's long-term development strategy and planning, issue a recommendation and forward them With justification to OFCL.

¹ The OFCL takes into account the internal guidelines of Confederation and financial opportunities, and ensures that spaces are provided in accordance with economic principles.

² It regularly informs OR on:

A.

The principles of the portfolio strategy;

B.

Investment planning (multi-year planning, investment range);

C.

The building allocation strategy;

D.

Instructions, standards and standards for construction, development, operation and sustainable construction;

E.

The maintenance strategy;

F.

Resource use and environmental load.

³ It shall make available to the OR, on line, planning and steering instruments that meet their needs, in particular:

A.

Application forms;

B.

Assignment plans and area data for administrative buildings;

C.

Instructions, standards and standards for construction, development, operation and sustainable construction;

D.

Documentation of the organization and processes of the OFCL.

⁴ He consults regularly with his clients.

¹ Federal government (s) within the meaning of s. 7 and 7 A , para. 1, let. A and b, OLOGA ¹ Must order all their benefits to the OFCL ² .

² The OR of the federal government within the meaning of s. 7 A , para. 1, let. C and d, OLOGA, organizations or persons outside the administration referred to in s. 6, para. 3, first sentence, OLOGA and other public administrations may order their benefits to the OFCL through an agreement ³ .

³ OR cooperate with the OFCL to achieve the objectives set out in s. 2 in the following areas:

A.

Allocation and rational use of spaces;

B.

Planning and optimizing user-specific operating processes;

C.

Planning and optimizing the management and operation of the building;

D.

Optimization of space and space requirements;

E.

Evidence of the economic nature of the operating processes.

⁴ They shall regularly inform the OFCL on:

A.

Short-and medium-term planning;

B.

Their medium-and long-term strategy;

C.

The changing needs of surfaces;

D.

The evolution of the workforce (full-and part-time positions);

E.

The appraisal of the location and the appropriation of the building;

F.

Quality requirements for accommodation;

G.

Suggestions for adapting the accommodation standards.

⁵ Each year, they provide the OFCL with the following data for general reports and reports related to the RUMBA program:

A.

Staff complement (full-and part-time positions, by location);

B.

Operating indicators to the extent that the OR is competent to operate the building.

¹ In the market-oriented leasing model and the costs for surface delivery services, the OFCL and the SG or the corresponding services regulate their rights and obligations in a general level of service agreement; they are based The rights and obligations set out in this order.

² The terms of the agreement are governed by the directives and instructions relating to the budgetary and accounting management of the Confederation, which are issued by the Federal Finance Authority ¹ .

Specific rules apply to:

A.

The management of parking spaces; it is set out in the order of May 20, 1992, concerning the allocation of parking spaces in the federal government ¹ ;

B.

The use and operation of catering equipment; they are settled in a convention between the OFCL and the Federal Office of Personnel;

C.

The use and operation of service accommodation; they are regulated by s. 90 of the Order of 3 July 2001 on the personnel of the Confederation ² ;

D. ³

The use and operation of the Confederation's civilian buildings; the OFCL lays down guidelines in this area.

The OFCL provides the logistical benefits for which the Federal Council, the heads of departments, the Chancellor of the Confederation and the other federal judges of the highest level need on special occasions such as the reception of New Year, State visits, working visits, military honours, the Federal Council's annual excursion and press conferences.

¹ For construction art projects relating to buildings in the OFCL's real estate portfolio, OFCL is responsible for the following tasks:

A.

Studies;

B.

Coordination of projects with other construction projects;

C.

Credit management;

D.

Organizing competitions;

E.

Direct mandates;

F.

Treatment of technical construction issues;

G.

Administration.

² It regulates its cooperation with the Federal Office of Culture and the Federal Fine Arts Commission through conventions.

The OFCL provides members to the statutory bodies of FIPOI (Fondation des immeubles pour les organisations internationales) in Geneva.

¹ The KBOB shall include at least:

A.

The three SCI referred to in this order;

B.

Federal Roads Office;

C.

The Federal Transportation Agency.

² The KBOB may admit other members, in particular other federal offices, as well as representatives of construction and cantonal and communal buildings.

³ It shall have the following bodies in which its members are represented:

A.

The committee;

B.

Permanent specialized groups;

C.

Ad hoc groups with limited duration mandates, if necessary.

⁴ The decisions of its bodies shall be taken by a simple majority of the voters.

⁵ In particular, the Committee shall define the essential activities of the KBOB.

⁶ The OFCL chairs the KBOB.

⁷ It manages the secretariat of the KBOB.

¹ The KBOB defends the interests of its members as owners and owners of buildings, book owners, managers and operators of buildings.

² In particular, it addresses the following objectives and performs the following tasks:

A.

Ensures that its members work together effectively;

B.

It encourages the exchange of experiences between its members and representatives of other institutions in the construction and real estate sector;

C.

It represents its members in a consistent manner towards other public institutions and the construction industry;

D.

Promotes efficiency in the provision, construction, development, management and operation of Confederation buildings and facilities;

E.

It takes into account sustainable development;

F.

It takes cultural aspects into account;

G.

She regularly organizes training and development courses for real estate management staff to encourage cooperation in the real estate sector of the Confederation.

³ In particular, it undertakes coordination tasks in the following areas:

A.

Procurement and contracting;

B.

Price changes;

C.

Provision of study offices;

D.

Standards;

E.

Sustainable construction.

⁴ In the context of real estate management, it can:

A.

Issuing common recommendations for its members;

B.

Represent its members in Switzerland.

⁵ It can define the detailed organisation of its area of competence.

On the proposal of the KBOB, the DFF enacts, in the field of real estate management, instructions for members of the KBOB attached to the federal administration and for their OR.

¹ The department, which is part of the SCI, requests each year, for all SCI investment projects in the field of real property management, a structured set of credits as follows:

A.

A commitment appropriation for each project with costs in excess of 10 million francs, with explanations for each project;

B.

A framework credit with an appropriate structure for all other construction projects.

² The overall credit is requested in a separate real estate message; for the FIF domain, it is an integral part of the budget message.

³ The department of which the SCI is a member calls for budget appropriations to carry out the planned projects and to operate the buildings.

⁴ In the messages mentioned in para. 2, the annual operating costs for the operation and the subsequent costs of the building are presented for the projects referred to in para. 1, let a.

⁵ Within the framework of real property management, SCI can:

A.

Deciding on study credits and the release of credits for investment projects;

B.

Decide on operating credits and the release of the corresponding appropriations;

C.

Manage commitment appropriations and budgetary appropriations.

Each year, the SCI establishes a four-year continuous investment planning for their area of expertise, as well as longer-term investment planning for real estate management.

¹ Disputes in the areas of real estate management and logistics should be eliminated as much as possible by mutual agreement.

² In cases where this is not possible, an escalation procedure should be provided.

³ The SCI establishes the procedure and levels of escalation in the field of real estate management.

¹ Disputes relating to the OFCL's real estate portfolio must be disposed of by mutual agreement:

A.

Between the OFCL portfolio manager and a member of the management or the LI OR on matters related to strategic planning;

B.

Between the OFCL portfolio manager and the LI OR for issues related to real property needs.

² If no consensual solution is found, the Head of Construction of the OFCL decides.

¹ Disputes in real estate projects (construction projects) must be eliminated by mutual agreement between the OFCL project manager (contractor) and the project leader of the OR.

² If no consensual solution is found, the portfolio manager of the OFCL decides.

³ If the parties do not accept this decision, the OFCL's portfolio manager and the home organization of the OR project leader seek a consensual solution.

⁴ If no consensual solution is found, the Head of Construction of the OFCL decides.

In the event of a dispute in the commercial management of buildings (charging of benefits), the escalation procedure shall apply in accordance with the directives and instructions relating to the budgetary and accounting management of the Confederation which are issued By the Federal Finance Administration ¹ .

¹ Disputes in the operation of buildings (maintenance or small works, operation of the building, cleaning) shall be disposed of by mutual agreement between the owner of the building of the OFCL and the LI OR or, where applicable, the LI E.

² If no consensual solution is found, the Head of the Management of Works and Buildings Division of the OFCL decides.

³ If the parties do not accept this decision, the Head of the OFCL's Works and Buildings Management Division and the home of the LI OR or, where appropriate, the LI E shall seek a consensual solution.

⁴ If no consensual solution is found, the Head of Construction of the OFCL decides.

¹ For the elimination of disputes in the field of logistics, are competent on the side of OFCL, at the first level:

A.

The head of the distribution division for processes related to office equipment and publications;

B.

The Head of the Procurement Division, for the procurement processes;

C. ¹

The head of the production division, for the production-on-mandate processes.

² At the second level, the Head of Logistics is competent in all cases.

The parties shall describe the dispute in writing and submit a proposal to resolve it.

¹ If the OR, the beneficiary of the benefit or the requesting service does not accept the result of the procedure, the matter shall be settled between the Secretary-General of the home department of the OR, the beneficiary of the benefit or the requesting service and the Director of OFCL.

² If no consensus is reached, the DFF leader will decide.

The conciliation and arbitration procedures applicable to disputes, disputes and disputes arising out of a Convention within the meaning of Art are reserved. 4.