Ordinance of December 5, 2008, concerning the management of real estate and logistics of the Confederation (OILC) - Objective (VILB)

This ordinance regulates: a. the tasks and responsibilities of the federal administration units referred to in Art. 7 and 7a, para. 1, let. a and b, of the Ordinance of November 25, 1998, on the Organization of the Government and Administration (OLOGA), as well as those within the field of the ETH domain, in the realm of real estate management; b. the tasks and responsibilities of the Federal Office for Buildings and Logistics (FOBL), in the field of logistics; c. the procedure to follow in case of a dispute.

It does not apply to the Confederation's infrastructure facilities related to national roads within the meaning of Art. 2 of the Ordinance of November 7, 2007, on National Roads; the real estate management of national roads is governed by the Federal Law of March 8, 1960, on National Roads.

In its management of real estate and logistics, the Confederation ensures the appropriate provision of buildings and logistical goods by optimizing the cost-benefit ratio in the long term. It strives to improve transparency and cost awareness, as well as to encourage economical behavior, particularly taking into account life cycle costs.

In the realm of real estate management, it aims for the following strategic objectives: a. concentration of federal administration organizational units in multi-purpose, suitably-sized buildings owned by the Confederation when economically viable; b. creation and application of standards based on sustainable development concerning planning, construction, equipping, management, operation, and deconstruction; to achieve this goal, the federal administration introduces a resource and environmental management system.

In the field of logistics, it pursues the following strategic objectives: a. standardization and maintenance of assortments; b. centralization of orders and cooperation with other public organizations in procurement; c. periodic review and development of purchasing processes and organizations; d. centralization of the official publication of data on media such as electronic media, paper, CD, etc.; e. utilization and distribution of all types of data from the Confederation, including large-volume dispatches.

The Construction and Real Estate Services (CRES) in the field of real estate management and the Federal Office for Buildings and Logistics (FOBL) in the field of logistics perform their tasks by adhering to the principles of timeliness, economy, and user needs consideration; they take into account cultural and ecological aspects as well as the needs of persons with disabilities.

They cooperate in partnership.

The Federal Council approves the agreements concluded: a. with the administrative delegation of the Federal Assembly regarding collaboration in the areas of real estate management for the benefit of the Federal Assembly and the Parliamentary Services; b. pursuant to art. 25a of the Federal Supreme Court Act of 17 June 2005, art. 18 and 62 of the Act on the Organization of Penal Authorities of 19 March 2010, and art. 27a of the Federal Administrative Court Act of 17 June 2005; c. with the Swiss Public Utility Society (SSUP) on collaboration (particularly in the areas of administration, use, and maintenance) concerning the Grütli Meadow. The Federal Department of Finance (FDF) is authorized to negotiate the agreements. It may itself agree to adaptations of the agreements insofar as they concern technical-administrative issues without significant financial implications.

The REOs may, by contract and at cost-covering prices, provide real estate management services: a. to the federal administration units referred to in Art. 7a, para. 1, let. c and d, of LOGA; b. to organizations or individuals outside the administration referred to in Art. 6, para. 3, first sentence, of LOGA; c. to other public administrations.

The real estate portfolio of the Federal Office for Buildings and Logistics (OFCL) includes all buildings owned by the Confederation that are neither part of the real estate portfolio of the Federal Department of Defense, Civil Protection and Sport (DDPS) nor the Swiss Federal Institutes of Technology domain (EPF). Also included in the real estate portfolio of the OFCL are buildings intended for the fulfillment of tasks: a. of the Federal Assembly and Parliamentary Services (Art. 4, para. 1, let. a); b. of the federal courts and the Office of the Attorney General of Switzerland (Art. 4, para. 1, let. b); c. of the Confederation abroad; d. of extra-parliamentary commissions as per Art. 57, para. 2, LOGA; e. of other institutions under agreements pursuant to Arts. 4 and 5.

The real estate portfolio of the DDPS includes all buildings of the Federal Department of Defense, Civil Protection and Sport (DDPS) that are used and managed by the DDPS as owner or holder; exceptions are: a. buildings intended for the administration of the DDPS in the Bern area; b. buildings of the Federal Office of Sport.

The real estate portfolio of the EPF includes all buildings intended for the fulfillment of tasks within the Swiss Federal Institutes of Technology domain.

For the purposes of this ordinance, real estate is defined as all land plots, buildings, and facilities that belong to the Confederation or are in its possession, particularly in the form of rental, lease, or leasing agreements.

Real estate management encompasses all measures aimed at meeting the premises needs of the federal administration and safeguarding the interests of the Confederation as owner and possessor of real estate, project owner, manager, and operator of real estate.

Organizational units responsible for real estate management in the areas outlined in Art. 6, para. 1 are referred to as Real Estate Management Units (REMUs).

Organizational units that use one or more buildings are designated as User Organizations (UOs).

The entities responsible for real estate management as SCI are: a. the OFCL, for properties that are part of its real estate portfolio; b. armasuisse, for properties that are part of the real estate portfolio of the DDPS; c. the ETH Board, for properties that are part of the real estate portfolio of the ETH Domain.

For properties with mixed use, responsibility is determined based on the primary use.

If, in a particular case, there remain doubts about responsibility and no agreement is reached, the departments concerned shall resolve the matter among themselves. If they cannot reach an agreement, the Head of the FDF shall decide.

In its instructions, the DDPS defines the tasks and responsibilities of the function holders of the DDPS real estate portfolio, and the ETH Board defines those of the function holders of the ETH Domain real estate portfolio.

The instructions of the ETH Board are based on the function diagram in Annex 1; this diagram takes precedence over Articles 9 and 12 of this ordinance in the event of a contradiction.

In its financial management of the properties in the real estate portfolio of the ETH Domain that belong to the Confederation, the ETH Board applies Articles 28 to 32, 34 to 39, and 49 to 52a of the Ordinance of April 5, 2006, on the Finances of the Confederation.

Within their area of competence, the SCI are responsible for the strategic, tactical, and operational management control of real estate.

They take into account in a balanced manner, in all phases of real estate management, the three dimensions of sustainable development—society, economy, and environment. In accordance with art. 27, the FDF issues guidelines on sustainable real estate management. These guidelines, as well as the corresponding recommendations of the Coordination Conference of Public Building and Real Estate Authorities (KBOB), are decisive for the implementation of sustainable real estate management.

In the domain of strategic management control, the SCI undertake the following tasks in particular: a. needs assessment: examining needs reported from the perspective of legality, opportunity, standards, optimization of operating processes, economy, and financing; b. planning and management of investments: planning and managing commitment credits and budget credits; c. real estate portfolio management: defining strategies, comprehensive designs, directives, and control instruments to optimize the cost-benefit ratio of the Confederation's real estate portfolio; d. cost transparency: creating transparency by highlighting the actual costs of the Confederation as property owner and holder, builder, manager, and operator of properties; e. multi-year planning and objective setting: developing strategic objectives within the framework of continuous multi-year planning and, based on these, annually defining operational objectives; f. ...

In the area of tactical project management, the SCI assume the following tasks in particular: a. status report: preparing at a defined frequency a status report containing the following: 1. a comparison between the current situation and the targeted situation, 2. a forecast until the end of the project, 3. an assessment of the causes of differences between the current and targeted situations, as well as opportunities and risks, 4. proposals for management measures to achieve the objectives, 5. if necessary, a request for project modification (objective deviations, objective correction); b. project control: implementing management control instruments to guide each project; c. periodic reports: preparing semi-annual reports with comments for the control of commitment credits and budget credits; d. audits: conducting audits for all real estate management projects and processes as instructed by the department attached to the SCI; the FDF is responsible for audits concerning the ETH real estate portfolio.

In the area of operational project management, the SCI undertake the following tasks in particular: a. provision of buildings, divestment, and commercial management of structures, including acquisition, including partnerships, space and surface management, accounting of structures, and contract management. The OFCL and armasuisse abide by the procurement monitoring provisions contained in the October 24, 2012 ordinance on the organization of public procurement in the federal administration; b. technical management of buildings, including maintenance, technical operations, as well as energy and security management; c. infrastructure management of buildings, including acquisition, provision, coordination, and supervision of all services necessary for the day-to-day use of the structure; d. preliminary studies and project studies, including the management of feasibility study phases, project definition, selection procedure, preliminary project, construction project, authorization procedure, and submission project; cost optimization of the building's life cycle must be considered during all project phases; e. tendering and execution, including the management of tendering phases, offer comparison, award, execution project, execution, commissioning, and completion, taking into account building life cycle costs; f. resource consumption, including resource and environmental management, as well as the preparation of periodic reports on resource consumption (heat, electricity, water, waste) per reference energy surface area and building (considering elements of the real estate portfolio allowing for a convincing evaluation) and on planning of measures; this information is made available to interested organizational units within the framework of the RUMBA program (resource and environmental management of the federal administration).

The real estate management offices shall appropriately consider the needs of the Organizational Units within the scope of their tasks. In addition, the specific rules referred to in Art. 21 apply to the Federal Office for Buildings and Logistics (FOBL).

The SCI designates the contacts whom their organizational units (OU) can address according to the intended operation.

The contacts for the OFCL real estate portfolio are listed in Annex 2.

Within the limits of the commitment credits and budgetary credits granted by the Federal Chambers and in accordance with the directives of the competent department, the Real Estate Competence Centers (RCCs) may handle all matters within their area of responsibility themselves. This includes, in particular: a. the purchase and sale of real estate, as well as the establishment, modification, exercise, and cancellation of preemptive rights, purchase rights, and repurchase rights on real estate; b. the establishment, modification, and cancellation of superficies rights and other limited real rights; c. the leasing and renting of real estate or parts of real estate, as well as the collection of rents and related ancillary charges; d. the leasing and renting of real estate for the federal administration; e. the conclusion of leasing transactions within the framework of Art. 52 of the Ordinance of April 5, 2006, on Federal Finances; f. the mandatory definition of standards applicable to construction, allocation of space, interior design, as well as the management and operation of real estate; g. the economical and rational use of available space; h. the firm allocation of real estate and premises to Organizational Units (OUs) after consultation with the concerned departments; i. the awarding of construction, supply, and service contracts; j. mandates entrusted to third parties.

The RCCs may entrust tasks to OUs within the framework of agreements.

If a SCI intends to purchase a property, it first inquires with other SCIs to see if they have a suitable asset in their portfolio.

If a SCI intends to sell a property, it offers it, subject to preemption rights or repurchase rights, to prospective buyers in the following order of priority: a. other SCIs (Confederation's own needs); b. cantons; c. municipalities; d. private individuals.

Sales to cantons, municipalities, or private individuals are generally conducted at market prices.

For the purchase and sale of properties, the Federal Roads Office is considered equivalent to SCIs.

The Federal Palace and the center of the city of Bern are reserved for the Federal Assembly, the Federal Council, and the services closely associated with it, as well as for the organizational units that undertake international tasks.

The organizational units (OUs) collaborate in executing the tasks defined in this ordinance according to the directives of the Services and Coordination Centers (SCI).

OUs using properties from the real estate portfolios of the Federal Office for Buildings and Logistics (OFCL) and the Department of Defense, Civil Protection and Sports (DDPS) are generally not authorized to make available to third parties the premises assigned to them by the SCI. Exceptions are subject to a written agreement between the OU and the SCI.

They formulate and justify their real estate needs and submit their requests according to the instructions of the competent SCI.

The OUs and the SCIs take into account their mutual rights and obligations and inform each other of all important matters.

The OOs within the real estate portfolio of the OFCL and the general secretariats (GS) or other associated bodies to which they are connected appoint real estate managers as partners responsible for collaborating with the OFCL. They are provided with the necessary skills and resources.

They designate individuals tasked with permanently performing the following functions: a. contact service manager for buildings at the level of the GS or the OO's associated body; b. real estate logistician at the level of the OO (RELO OO); c. real estate logistician at the OO locations (RELO L).

In the context of a construction project, they appoint the person responsible for executing the temporary function of OO representative, and for major projects, the temporary function of project manager for the OO in the construction project's organization.

The tasks to be performed by the functions mentioned in paragraphs 2 and 3 are listed in annex 3.

If necessary, the functions mentioned in paragraphs 2 and 3 may be performed by the same person.

The OU formulate, justify, and announce their needs according to the instructions of the OFCL.

In their requests, they must provide economic proof of their needs.

Before submitting their requests to the OFCL, the OU seek an assessment and recommendation from the competent SG or, if applicable, from their supervising body; exceptions are made for requests concerning minor works and maintenance works.

The SG or the supervising bodies examine and assess the requests, prioritize them, compare them with the development strategy and long-term planning of the department or unit, issue a recommendation, and forward them with justification to the OFCL.

The FOCL takes into account the internal directives of the Confederation and financial capabilities and ensures the provision of spaces to the organizational units (OUs) according to economic principles.

It regularly informs the OUs about: a. the principles of the portfolio strategy; b. investment planning (multi-year planning, range of investments); c. the building allocation strategy; d. instructions, norms, and standards related to construction, layout, operation, and sustainable building; e. the maintenance strategy; f. the use of resources and environmental impact.

It provides the OUs with online planning and management tools tailored to their needs, in particular: a. request forms; b. allocation plans and data on spaces for administrative buildings; c. instructions, norms, and standards concerning construction, layout, operation, and sustainable building; d. documentation on the organization and processes of the FOCL.

It regularly consults its clientele.

The administrative units of the federal administration within the meaning of Art. 7 and 7a, para. 1, let. a and b, OLOGA must order all their services from the Federal Office for Buildings and Logistics (FOBL).

The administrative units of the federal administration within the meaning of Art. 7a, para. 1, let. c and d, OLOGA, external organizations or persons referred to in Art. 6, para. 3, first sentence, OLOGA and other public administrations may order their services from the FOBL through an agreement.

The administrative units collaborate with the FOBL to achieve the objectives referred to in Art. 2 in the following areas: a. allocation and rational use of spaces; b. planning and optimization of user-specific operational processes; c. planning and optimization of building management and operation; d. optimization of space and area needs; e. evidence of the economic nature of operational processes.

They regularly inform the FOBL about: a. their short and medium-term planning; b. their medium and long-term strategy; c. the evolution of space needs; d. the evolution of the workforce (full-time and part-time positions); e. the assessment of the location and suitability of the building; f. the quality requirements for premises; g. suggestions for the adaptation of premises standards.

They provide the following data to the FOBL annually for general reports and reports related to the RUMBA program: a. workforce (full-time and part-time positions, by location); b. operational indicators insofar as the administrative unit is responsible for the operation of the building.

In the market and cost-oriented rental model for the provision of space services, the OFCL and the General Secretariats or the corresponding services settle their rights and obligations in a general service level agreement; they are based on their rights and obligations defined in this ordinance.

The terms of the agreement are governed by the guidelines and instructions related to the budgetary and accounting management of the Confederation issued by the Federal Finance Administration.

Special provisions apply to: a. the management of parking spaces; this is regulated by the Ordinance of May 20, 1992, concerning the allocation of parking spaces in the federal administration; b. the use and operation of catering facilities; these are regulated by an agreement between the FOCL and the Federal Office of Personnel; c. the use and operation of service housing; these are regulated by Art. 90 of the Ordinance of July 3, 2001, on Federal Personnel; d. the use and operation of civil buildings of the Confederation; the FOCL issues guidelines in this area.

The OFCL provides the logistical services needed by the Federal Council, the heads of departments, the Federal Chancellor, and other top-ranked federal magistrates on special occasions such as the New Year reception, state visits, working visits, military honors, the Federal Council's annual excursion, and press conferences.

For art in construction projects related to buildings within the real estate portfolio of the FREAL, the FREAL undertakes the following tasks: a. studies; b. coordination of projects with other construction projects; c. credit management; d. organization of competitions; e. direct commissions; f. handling technical construction issues; g. administration.

It regulates its collaboration with the Federal Office of Culture and the Federal Commission for Fine Arts through agreements.

The OFCL provides members to the statutory bodies of the FIPOI (Foundation for Buildings for International Organizations) in Geneva.

The KBOB includes at least: a. the three Real Estate Services (SCI) referred to in this ordinance; b. the Federal Roads Office; c. the Federal Office of Transport.

The KBOB may admit other members, particularly other federal offices, as well as representatives from cantonal and communal building and real estate bodies.

It is composed of the following organs, in which its members are represented: a. the committee; b. permanent specialized groups; c. as needed, ad hoc groups tasked with limited-term mandates.

Decisions of its organs are made by a simple majority of voters.

The committee must, in particular, define the essential activities of the KBOB.

The Federal Office for Buildings and Logistics (OFCL) presides over the KBOB.

It manages the secretariat of the KBOB.

The KBOB advocates for the interests of its members as property owners and holders, contractors, managers, and operators of real estate.

It aims particularly at achieving the following objectives and carries out the following tasks: a. it ensures that its members collaborate effectively; b. it promotes the exchange of experiences between its members and representatives of other institutions in the construction and real estate sector; c. it uniformly represents its members to other public institutions and the construction sector; d. it encourages efficiency in the provision, construction, development, management, and operation of buildings and facilities of the Confederation; e. it considers sustainable development; f. it considers cultural aspects; g. it regularly organizes training and further education courses for personnel responsible for real estate management, in order to foster collaboration in the Confederation's real estate sector.

It particularly assumes coordination tasks in the following areas: a. procurement and contracts; b. price variations; c. services of consulting firms; d. standards; e. sustainable construction.

Within the framework of real estate management, it may: a. issue joint recommendations for its members; b. represent its members in Switzerland.

It may define the detailed organization of its field of competence.

Upon proposal from the KBOB, the FDF issues instructions in the field of real estate management for the members of the KBOB affiliated with the federal administration and for their OUs.

The department to which the Real Estate Management Service (SCI) belongs requests each year, for all its SCI investment projects in the field of real estate management, a commitment credit structured as follows: a. a commitment credit for each project incurring costs exceeding 10 million francs, with explanations for each project; b. a commitment credit with an appropriate structure for all other construction projects.

The commitment credit is requested in a separate real estate message; for the domain of the Federal Institutes of Technology (EPF), it is an integral part of the budget message.

The department to which the SCI belongs requests, through the relevant budget, the necessary budgetary credits to carry out the planned projects and operate the buildings.

In the messages mentioned in para. 2, the anticipated annual costs for operation as well as subsequent building expenses are presented for the projects referred to in para. 1, let. a.

Within the framework of real estate management, the SCIs can: a. decide on study credits and the release of credits intended for investment projects; b. decide on operating credits and the release of corresponding credits; c. manage commitment credits and budgetary credits.

The SCI shall annually establish a continuous four-year investment plan for their area of responsibility, as well as a longer-term investment plan for real estate management.

This chapter applies to the federal administration as defined in Articles 7 and 7a, paragraph 1, letters a and b, OLOGA.

The following beneficiaries of services and requesting services not covered by paragraph 1 may, based on agreements, obtain products from the OFCL assortments and publishing services at cost-covering prices: a. units of the federal administration referred to in Article 7a, paragraph 1, letters c and d, OLOGA; b. federal courts and the Office of the Attorney General of Switzerland; c. organizations or persons outside the administration referred to in Article 6, paragraph 3, first sentence, OLOGA; d. other public administrations.

The FOBL is the sole provider of services for the federal administration as defined in Art. 7 and 7a, para. 1, let. a and b, of the Ordinance on the Organization of the Federal Administration's Logistics (OLOGA) during all phases of the logistics process.

It decides on its own production and procurement, including purchasing cooperations.

It forms a central procurement service for the Confederation according to Art. 3 of the Ordinance of November 22, 2006, on the Organization of the Confederation's Public Procurement Markets.

It provides the necessary instruments for procurement controlling.

It acts as a specialist service and standardization body for office equipment and the furnishing of premises, as well as for the Confederation's publications.

It serves as the central procurement and distribution service for federal publications and printed materials; it decides which distribution channels to use.

It maintains, manages, and distributes standardized items in the following assortments: a. office equipment (supplies and office automation); b. premises equipment (furniture, household items for embassies, equipment for domestic services); c. IT; d. telecommunications means.

It periodically reviews and optimizes the processes and organizations of the goods and services market for civilian use.

It is competent in the packaging and publication of official data of the Confederation (particularly data that needs protection, is confidential or secret).

It has the competence for the personalization and production of the Swiss passport and other identity and legitimization documents of the Confederation, on behalf of the Federal Office of Police.

Disputes in the areas of real estate management and logistics must be resolved as much as possible by mutual agreement.

For cases where this is not possible, an escalation procedure must be provided.

The SCI shall establish the procedure and levels of escalation for the field of real estate management.

Disputes related to the real estate portfolio of the OFCL must be resolved by mutual agreement: a. between the OFCL portfolio manager and a member of management or the LI OR for issues related to strategic planning; b. between the OFCL portfolio manager and the LI OR for issues related to real estate needs.

If no consensual solution is found, the head of the OFCL construction domain decides.

Disputes in real estate projects (construction projects) must be resolved by mutual agreement between the project manager of the OFCL (contracting authority) and the project manager of the OU.

If no consensual solution is found, the portfolio manager of the OFCL will make a decision.

If the parties do not accept this decision, the portfolio manager of the OFCL and the affiliated body of the project manager of the OU will seek a consensual solution.

If no consensual solution is found, the head of the construction department of the OFCL will make the decision.

In the event of a dispute in the commercial management of buildings (attribution of services), the escalation procedure shall apply in accordance with the guidelines and instructions related to the budgetary and accounting management of the Confederation issued by the Federal Finance Administration.

Disputes in the operation of buildings (maintenance or minor works, building operation, cleaning) must be resolved by mutual agreement between the OFCL building manager and the LI OU or, if applicable, the LI E.

If no consensual solution is found, the head of the division for the management of works and buildings at the OFCL decides.

If the parties do not accept this decision, the head of the division for the management of works and buildings at the OFCL and the responsible authority of the LI OU or, if applicable, the LI E seek a consensual solution.

If no consensual solution is found, the head of the construction field at the OFCL decides.

For the resolution of disputes in the field of logistics, the following are competent on behalf of the 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 processes related to acquisition on mandate; c. the head of the production division, for processes related to production on mandate. At the second level, the head of the logistics domain is competent in all cases.

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

If the organizational unit (OU), the service beneficiary, or the requesting service does not accept the result of the procedure, the matter will be resolved between the General Secretary of the parent department of the OU, the service beneficiary, or the requesting service, and the director of the Federal Office for Buildings and Logistics (FOBL).

If no consensus is reached, the head of the Federal Department of Finance (FDF) decides.

Reserved are the divergent conciliation and arbitration procedures applicable to disputes, conflicts, and contested rights that are provided for in an agreement within the meaning of Art. 4.

The SCI shall issue, within their area of competence, the instructions related to the implementation of this ordinance in the field of real estate management. Articles 8 and 27 are reserved.

The FBL shall issue instructions for the logistics field. Reserved are: a. the ordinance of April 2, 2025, on digitization; b. the ordinance of November 8, 2023, on information security.

The ordinance of 14 December 1998 on the Management of Real Estate and Logistics of the Confederation is repealed.

This ordinance shall enter into force on January 1, 2009.