What does a procurement person do
Research Center for Digital Sustainability
from 09:05 a.m .: morning plenary session
9:30 a.m .: Reading traces: where is the journey going after the new law comes into force?
After a long legislative process, the new federal law on public procurement of June 21, 2019 came into force on January 1, 2021. This begs the question of how to understand the key terms of the new law. Does the “most advantageous offer” have a different meaning than the “economically most advantageous offer”? What do the new award criteria introduced by Parliament mean? How will the federal administration deal with it? The speaker checks whether, based on the explanatory documents of the procurement conference BKB and the building coordination conference KBOB and older or, in the best case, fresh court decisions, initial statements on the interpretation of the new provisions are possible.
Marc Steiner, federal administrative judge
Marc Steiner is a lawyer and has been a judge at the Federal Administrative Court since January 2007. The department to which he belongs deals specifically with cases from the area of public procurement law. He was called in as an expert at the hearing of the Committee on Internal Market and Consumer Protection of the European Parliament on the subject of “Modernizing Public Procurement” on May 24, 2011 (strategy for directive reform). On December 6, 2019, he contributed to a panel on sustainable public procurement on the occasion of the Climate Law and Governance Day in Madrid (COP25 climate conference).
10:00 am Discussion «Chances of the new procurement law»
Marc Steiner, federal administrative judge
Marc Steiner is a lawyer and has been a judge at the Federal Administrative Court since January 2007. The department to which he belongs deals specifically with cases from the area of public procurement law. He was called in as an expert in the hearing of the Committee on Internal Market and Consumer Protection of the European Parliament on the subject of “Modernizing Public Procurement” on May 24, 2011 (strategy for directive reform). On December 6, 2019, he contributed to a panel on sustainable public procurement on the occasion of the Climate Law and Governance Day in Madrid (COP25 climate conference).
Specialist sessions 1st block
11:00 a.m .: Technical Session 1 - Cloud Procurement
Moderation: Daniel Markwalder, DTI BK
Cloud solutions: between flexibility, standardization and lock-in
Anyone who procures a new IT solution today or advertises the conversion of an existing solution almost inevitably comes into contact with the subject of the cloud. A new solution should at best be built directly on a cloud platform or an existing solution should be migrated from classic hardware to a cloud platform. The cloud saves costs because expensive hardware can be used more efficiently (private cloud) or no longer has to be procured and operated yourself (public cloud). It creates flexibility, as infrastructure resources can be drawn in and released again as required, quickly and at the push of a button. Furthermore, it allows a company or an authority to focus on its own core business without having to deal with non-specialist IT topics. These are the main arguments for using cloud-based solutions. But when you talk about the cloud, you actually mean a whole spectrum of possible platforms on different levels of abstraction: IaaS, containers, PaaS, FaaS and SaaS. Together we will see which trade-offs in flexibility, standardization and possibly lock-in are negotiated at each of these levels. The aim of the lecture is to explain this trade-off using clear examples in such a way that it is understandable for people who deal with IT procurement, but who do not necessarily have a technical background.
Dr. Mathis Kretz, bespinian
Mathis Kretz is a cloud software architect and co-founder of bespinian. The company specializes in consulting and software engineering in the field of cloud-native and container-based solutions. Previously, Mr. Kretz worked in various technical management positions in the Swisscom cloud team, most recently as Head of Cloud Empowerment. Further positions were at various large and small companies such as IBM, POLYPOINT and Unic. A doctorate in computer science (Dr. phil.-nat.) From the University of Bern rounds off Mr. Kretz's profile.
11:00 a.m .: Session 2 - Agile Procurement
Moderation: Reto Maduz, SwissQ and Stephan Sutter, ti & m AG
The track agility in procurement shows how agile tools can be used to procure and develop a product that can meet the needs of future users within the framework of the customer.
David Bach and Michael Schütz take us with them in user-centered development with prototypes, Peter Stevens introduces agile risk management on the basis of a safety-relevant project and Hansjörg Bühler shows what a strategy must look like that creates space for agility and thus allows successful delivery in the VUCA world be.
Epics - User Stories - Criteria: Practical tips for procurement in agile projects
Many procurements start with an idea or a project before the need has been clarified in detail. In addition, agile or hybrid project methods are often required during implementation. One often hears from the customer: “We have to put out to tender now because the process is taking so long. We don't yet know the exact requirements, but we don't want to commit ourselves yet, in order to remain flexible for changes and new ideas. " In order to address agile implementation partners from the start, the basic requirements must be clarified and formulated conclusively. In this presentation, the speakers will show in a practical way how the need can be described at an early stage and what needs to be considered in a public tender in order to find the suitable agile implementation partner. Central topics are: Questions and methods for identifying needs, formulation of epics and user stories, variants of procurement design for agile implementation partners. With their presentation, the speakers build the agile bridge between requirements engineering and the procurement process of the public sector. You want to encourage all decision-makers and users to take agility into account when preparing for procurement.
Jennifer De Capitani, AWK Group AG
Jennifer De Capitani completed her master's degree in electrical engineering and information technology at the ETH in 2008 and now works as a manager at the AWK Group, responsible for topic procurement. She advises clients on IT and procurement projects, where she strengthens the legal, professional and technical understanding of the roles involved and combines them in the tenders. She works both at the federal level and in various cantons and knows a wide range of principles and interpretations of public procurement. She is also a lecturer in the CAS Public Procurement at the University of Bern. She always strives to approach and convey public procurement in a tangible, practical and effective way.
Birgit Lauber, AWK Group AG
Birgit Lauber studied and did her doctorate in chemistry at the ETH Zurich and now works for the AWK Group as a manager. In this role, she supports various customers in the public and private sector in the elicitation of requirements and the procurement of a wide variety of products. She is very familiar with agile and classic requirements and skillfully changes methods by combining the best of both worlds. She is convinced that the requirements elicitation is not just agile or classic, but a variety of forms, the application of which generates significant added value in procurement.
Innovative open source software from the Federal Archives - the strengths of HERMES and the agility of DevOps combined
LINDAS is the linked data platform of the Swiss Federal Archives, which is used to publish open data. Linked data is a technology that allows data to be easily related to one another. Hundreds of millions of data sets from a wide variety of subject areas and sources are used for this, currently e.g. from the federal government, SBB, cantons and municipalities. The innovative triplestore database is managed and operated using open source software. The latest cloud technologies such as Docker, Kubernetes, Operators, Prometheus, etc. are used. The technology stack used as well as the LINDAS platform will be presented. The presentation will address the challenges of merging the culture of DevOps with the strengths of the HERMES framework. These experiences make it clear how other government agencies can benefit from software operating models such as DevOps with the help of HERMES and its strengths such as planning and controllability. Furthermore, the steps taken from procurement to work on the project and operation are shown.
Aarno Aukia, VSHN AG
Aarno Aukia is the founder and CTO of VSHN. VSHN is the first Swiss Kubernetes Certified Service Provider and expert for DevOps, Docker, Kubernetes, OpenShift and 24/7 cloud operations. In addition to his operational work for VSHN, Aarno appears at many events and congresses as a speaker and lives the openness and the sharing of know-how, experience and code.
11:00 a.m .: Technical session 3 - Reducing dependencies on IT providers
Moderation: Olivier Brian, CH Open
Reducing dependencies on ICT manufacturers: A practical example of how cities procure the Decidim software without dependencies
The open source online participation platform “Decidim”, originally developed in Barcelona, is being used more and more in cities in Switzerland. The structure and content structuring of the platform requires a lot of know-how. The Urban Equipe association, with a focus on process development and participation, and the company Puzzle ITC, with a focus on technical development, offer start-up assistance (platform construction, extensions, coaching & participatory process support), but without creating dependencies: the platform code remains open. Source, cities can take over accessibility and operation themselves and there are no license costs. It is important that the developments of the individual implementations in the various cities are coordinated with one another. On the one hand to use synergies, on the other hand to exchange experiences and learn from each other. The “Forum E-Participation Switzerland” was founded for this purpose: as a communication and coordination interface for administration, the developer community and civil society. This practical example shows how procurement in the open source world can be designed efficiently and at the same time vessels can be created to exchange practical tips and learnings.
Bruno Santschi, Puzzle ITC
Bruno Santschi is COO of Puzzle ITC, an established Swiss software and technology company. For years he has programmed open source software in Ruby on Rails himself. Bruno Santschi now heads the operational business at Puzzle ITC and coordinates the developments around Decidim. As co-founder and co-president of the “Forum E-Participation Switzerland” association, he is committed to ensuring that platforms such as Decidim are further developed jointly and in partnership.
Lars Kaiser, Urban Equipe Association
Lars Kaiser is an urbanist and works as a partner and project manager at the Urban Equipe. He co-initiated the “Quartieridee Wipkingen” pilot project in Zurich, an initial test run of a participatory budget, and is co-founder and board member of the “Forum E-Participation Switzerland” association. The focus of his work is on strengthening the voices of civil society organizations and the further development of participatory formats in political and urbanistic processes. In various projects with the Urban Equipe, Lars Kaiser promotes and coordinates the use of “Decidim” in participatory processes.
Keep it smart - with the right tools for fewer external dependencies and more value in your IT projects
Many companies are heavily dependent on external IT service providers. There are several reasons for this: for example, due to a lack of internal skills or capacity bottlenecks, i.e. an overload of the internal IT. At the beginning of the presentation, it is briefly outlined where there may be dependencies in the procurement and implementation of IT projects. Then it will be shown why a reduction of this dependency is desirable for numerous reasons, be it higher employee satisfaction, investment protection or the more effective use of working time. The main part of the presentation will be devoted to the tools how these dependencies can be reduced, for example standardization at the service level instead of at the implementation level or through the use of suitable tools such as low-code platforms. Often a loss of quality is feared when using these tools. However, the speaker will show that this does not have to be the case. This lecture is aimed at business decision-makers and IT procurement personnel and does not contain any technical part.
Dr. Christian Straube, adesso Schweiz AG
Dr. Christian Straube is Head Consulting Digital & Innovation at adesso Schweiz AG. With his team, he pursues the vision that every company can use disruptive technologies profitably by combining them with the disciplines of architecture, user experience and collaboration and thus unleashing completely new potential. The main topics of the consulting work are No-Code / Low-Code, Green IT, Quantum Computing and High Performance Computing as a Service. Previously, Dr. Straube was involved in several startups, did his doctorate in computer science in Munich and was responsible for projects along the application development lifecycle as a mandate manager for several years.
11:00 a.m .: Technical session 4 - French session
Moderation: Greg Hernan, SIK
45min lunch session
12:45 p.m .: Interactive session - Ask a Lawyer
Moderation: Dr. Wolfgang Straub, Krneta Advokatur Notariat | Note: So that you can attend this session in peace, we will put together your own and just as fresh and delicious lunch bag! So you don't have to queue for your meal and you have enough time for everything. (Must be specified when ordering the ticket!)
Interactive session: Ask a Lawyer
In practice, IT procurement raises many delicate legal questions. At public events there is usually too little space to be able to answer specific questions. This panel offers the opportunity to discuss public procurement law as well as contract law issues with three experienced panelists and in this way to receive several assessments.
The questions can either be asked and discussed spontaneously during the panel or sent in advance by email to [email protected] (anonymously). In the latter case, we ask for delivery by Monday, August 24, 2020 at the latest.
Dr. Christoph Jäger, lawyer and partner, Kellerhals Carrard
Dr. Christoph Jäger is a lawyer and partner in the law firm Kellerhals Carrard. He studied at the University of Bern and received his doctorate with his dissertation “The preliminary involvement of the provider in public procurement law” (Dr. iur., 2008; Prof. Walther Hug Prize 2010). His main areas of expertise include consulting, expert work and litigation in public procurement. He advises and accompanies both providers and clients in procurement and complaint procedures, and draws up and negotiates contracts. Christoph Jäger is also responsible for the module and lecturer in the CAS ICT Procurement at the University of Bern and gives the lecture on public procurement law for prospective lawyers in the Canton of Bern. He also publishes regularly on this topic and participates as a speaker at conferences.
Julia Bhend, lawyer and partner, Probst Partner AG
Julia Bhend is a lawyer and partner at Probst Partner AG in Winterthur and Zurich. As an ICT and public procurement law specialist, she advises companies and public clients on questions of technology, telecommunications and procurement law, on the procurement of ICT services and on projects for the development and implementation of software. She regularly represents providers and the public sector in submission complaint procedures and works as a lecturer in the context of the CAS ICT procurement at the University of Bern.
Dr. Wolfgang Straub, partner at Krneta Advokatur Notariat
Wolfgang Straub studied at the Universities of Bern, Basel, Lausanne and Geneva (admitted to the bar 1994, Dr. iur. 1996, LL.M. 2001). He is a partner at Krneta Advokatur Notariat and advises private and public clients on the procurement of IT systems and IT services. In particular, he accompanies public tendering procedures and draws up and negotiates contracts. He also works as an expert in the field of IT and public procurement law. In addition to his work as module manager and lecturer in the CAS program ICT Procurement at the University of Bern, he regularly participates in specialist events and has published several books on IT law (see www.it-recht.ch).
Specialist sessions 2nd block
1.30 p.m .: Session 5 - Special Topics
Moderation: Thomas Fischer, KAIO
Submission agreements in the IT industry - a problem?
Submission agreements increase prices by an average of 45%.They burden the public sector (including taxpayers) and the economy. The WEKO takes action against such agreements. The revised BöB and IVöB provide for additional measures against submission agreements. Clients can, for example, cancel the award procedure if there are sufficient indications for an agreement. In addition, the Confederation, cantons and municipalities are now obliged to report suspected submission agreements. For example, the following factors make markets more susceptible to agreements: Small number of providers, few market entries, stable market conditions, little innovation. The IT industry is therefore less susceptible to submission agreements, but not protected from them. In 2020, WEKO carried out a procedure in the IT sector: the SNB operates its own data network (optical network) for some of its data communication. To do this, the SNB buys network components from IT companies. In the case of a procurement, the offering suppliers and the manufacturer of these components coordinated the prices.
Frank Stüssi sets the following priorities in his presentation:
- Agreements between providers about the allocation of procurements and the offer prices (so-called "submission agreements") damage the economy: They increase prices and hinder innovation.
- The IT industry is - judging the relevant factors - less predestined for submission agreements.
- The Competition Commission (WEKO) recently uncovered an agreement in the IT industry.
Frank Stüssi, Competition Commission
Frank Stüssi is Deputy Director in the WEKO Secretariat and heads the Construction Service, which covers the areas of construction, procurement and the environment. Since 2006 he has been fighting against submission agreements and is responsible for antitrust proceedings, sensitizing procurement offices and developing internal positions on procurement law. He studied economics, social psychology and general ecology at the University of Bern.
Experience with the dialogue process at canton level
The dialogue process was previously only reflected in procurement law at the federal level. So far, there is no explicit legal basis for a dialogue procedure at the cantonal level. This will change as soon as the cantons join the IVöB, which has been harmonized with the new federal law, and thus adapt their laws and ordinances. The speakers have already been able to use and support the dialogue process in two IT procurements in the cantonal environment. A large cantonal network and a business-critical and highly available core system of a blue light organization. The initial situation was similar in each case: The subject was critical specialist systems with long life cycles intended for long-term operation. They wanted to procure future-oriented products and services and benefit from the innovation potential on the market. Without the possibility of direct exchange with market participants, the goals set did not appear to be achievable. The experiences of these cases and best practices will be presented to you, accompanied by the following questions:
- Why was the dialogue procedure chosen?
- Which topics are suitable for the dialogue?
- How was the dialogue conducted and documented?
- How did the providers react?
- Have the dialogue process and the procedure proven successful?
Tomi Bohnenblust, CSI Consulting AG
Tomi Bohnenblust is a partner at CSI Consulting AG and has many years of experience in managing (inter) national projects and programs at the interface between business and ICT. He has worked for private companies as well as for public administrations and is used to taking an “end-to-end” perspective and developing solutions to complex challenges. As a key success factor, Tomi Bohnenblust relies on a holistic and pragmatic approach that considers the technological, organizational and economic aspects of a project and thus guarantees feasible and innovative solutions. His strong communication skills support him in cross-level collaboration. His training as an engineer at the ETH Zurich and his certification as Senior Project Manager IPMA-B substantiate his practical experience.
Philipp Vontobel, CSI Consulting AG
Philipp Vontobel is a partner at CSI Consulting AG. He has gained experience with public procurement on the authority side as part of his previous employment with the city of Zurich, as well as head of tendering procedures for various authorities in Switzerland as well as on the supply side for his own employer. Since he often also acts as an ICT project manager, he was allowed to accompany the results of his tenders in some cases right up to the introduction. His industry focus within public administration is police, fire brigade and rescue organizations. Philipp holds a master's degree in business informatics at the University of Zurich and successfully completed the CAS in ICT procurement at the University of Bern in 2017.
1.30 p.m .: Session 6 - Sustainable Procurement
Moderation: Marc Steiner, Federal Administrative Court
The benefits of sustainable IT procurement along the entire procurement process
In the case of procurement projects, the tendering phase stands out, as all the preparatory work up to the decision is implemented in this procurement phase. In addition, the phases of the definition of needs and the fulfillment of the contract must also be considered more closely (especially with regard to sustainability). Because the definition of needs specifies which sustainability claims are communicated to the providers. This is how the demands on the ecological and social requirements are formulated, which are later evaluated using economic criteria. The contractual sustainability then agreed with the provider must be checked during the fulfillment of the contract in order to realize the economic, social and ecological potential and thus also the benefit for the procurement projects. It is important to show that this sustainability benefit always and especially comes about in the context of economic factors. So it is essential to also name innovative procurement concepts that enable such sustainability benefits for the product groups desktop, notebook, smartphone, tablet, server, etc.
Tobias Welz, University of Bern
Tobias Welz is a research associate at the Digital Sustainability Research Center at the Institute for Computer Science at the University of Bern, with a focus on sustainable public procurement. Previously, he was in charge of the environmental management department in the Archdiocese of Cologne, where he established climate protection and biodiversity protection concepts as well as sustainability monitoring. During this time he was also entrusted with the development of sustainable procurement guidelines and procurement processes. During his time at Empa in St. Gallen, Tobias Welz dealt intensively with the life cycle assessment of products and processes. In an Empa spin-off, he dealt specifically with sustainability communication.
1.30 p.m .: Session 7 - Requirements Engineering
Moderation: Andrea Sägesser, APP
«A bit of usability please!» How to get a user-friendly solution
Usability has a decisive influence on the acceptance and the operating costs of an IT solution and is therefore one of the most important factors for its success. The - mostly relatively generic usability criteria - cannot simply be included in a catalog of requirements and criteria, since they can hardly be evaluated and checked. The Puzzle ITC has therefore looked for other ways of integrating these into a procurement process:
- In the first case, an individual solution was specified before the actual procurement so that a clickable prototype could be supplied as part of the tender documents. The design of the application was therefore already made binding in advance.
- In the second case, an existing standard solution should be procured, so that it was not desirable to make overly specific specifications in advance. Puzzle ITC has therefore integrated their usability criteria into all project phases: from the invitation to tender and the evaluation of the offers, to the cooperation with the supplier during implementation, to the acceptance of the finished solution.
Using these two case studies, the speaker will present two different approaches to assessing and checking the usability in public procurement.
Philipp Murkowsky, Puzzle ITC GmbH
Philipp Murkowsky heads the User Experience division at the Swiss IT service provider Puzzle ITC. With more than 15 years of experience in over 100 projects, he is a recognized expert on the subject of usability and user experience. He heads the User Experience specialist group at SwissICT, has been a lecturer at various institutions for many years and lectures regularly at national and international conferences.
Procurement in an agile project using the example of the eGov platform DETEC
With the DETEC eGov platform, a contemporary platform for the digital processing of official services was created. “Services” of the DETEC federal offices are to be implemented on the platform over a period of several years. This poses typical problems for procurement projects: Due to the heterogeneity of DETEC and the large number of people and offices involved, it is not possible to collect all requirements in one fell swoop. In addition, many requirements are not yet final because political processes keep making changes necessary and user behavior is constantly changing. Furthermore, the central maintenance of comprehensive requirements documentation over time is very complex. A key element to the solution is the joint procurement of basic services and development resources for several years. The lecture shows in a practical way how the project has approached the challenges described with an inter-agency roadmap with “service profiles”, a uniform RE methodology and an agile development according to SCRUM and which aspects must be particularly considered.
Damian Josi, APP Unternehmensberatung AG
Damian Josi is a consultant at APP Unternehmensberatung AG. He is a proven eGov specialist with extensive experience in requirements engineering in various federal departments. Damian Josi holds a Master of Science degree in business administration with a specialization in business informatics from the University of Bern.
Damian Griffel, APP Unternehmensberatung AG
Damian Griffel is a consultant at APP Unternehmensberatung AG. He works as a business analyst for the DETEC General Secretariat and supports various federal offices in implementing new services on the DETEC eGov platform. In addition, he accompanies several procurements in the federal environment. Damian Griffel holds a Master of Arts in Philosophy from the University of Zurich.
from 3:30 p.m .: plenary afternoon
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