Art. 53 Intercantonal Agreement on Public Procurement (IVöB) - Subject of Appeal

1. The following decisions are exclusively contestable by complaint

a. The announcement of the contract;

b. The decision regarding the selection of providers in a selective procedure;

c. The decision regarding the inclusion of a provider in a directory or the removal of a provider from a directory;

d. The decision on recusal requests;

e. The award of the contract;

f. The revocation of the award;

g. The termination of the procedure;

h. The exclusion from the procedure;

i. The imposition of a sanction.

2. Provisions in the tender documents, whose significance is apparent, must be contested together with the announcement.

3. The provisions of this agreement regarding the right to be heard during administrative proceedings, the suspensive effect, and the restriction of grounds for appeal do not apply to complaints against the imposition of a sanction.

4. Decisions under paragraph 1 letters c and i can be contested by complaint regardless of the contract value.

5. Otherwise, legal protection against decisions under this agreement is excluded.

6. Complaints against the conclusion of individual contracts according to Article 25 paragraphs 4 and 5 are excluded.