420.121
IVÖB
CH-BL
Art. 56 Intercantonal Agreement on Public Procurement (IVöB) - Time Limit for Appeals, Grounds for Appeal, and Standing
10. Legal Protection Legal protection refers to the safeguarding of individuals' rights under the law. It encompasses various mechanisms and procedures designed to enforce and secure the legal rights and remedies available to individuals. This includes access to the courts, fair trial procedures, and remedies such as injunctions, damages, or specific performance. Legal protection ensures that individuals can seek redress for violations of their legal rights through proper legal channels.
Art. 56 IVöB - Time Limit for Appeals, Grounds for Appeal, and Standing · Time Limit for Appeals, Grounds for Appeal, and Standing
1. Complaints must be submitted in writing and substantiated within 20 days from the issuance of the decision.
2. Court holidays do not apply.
3. The following can be challenged with the complaint
a. Legal violations, including overreach or abuse of discretion; and
b. Incorrect or incomplete determination of the legally relevant facts.
4. The appropriateness of a decision cannot be reviewed in the context of an appeal procedure.
5. Appeals against awards in direct procurement procedures can only be made by those who can prove they can and want to deliver the requested services or substitutable services. It can only be claimed that the direct procurement procedure was wrongly applied or that the award was granted due to corruption.
Court Decisions Applying This Provision (3)
810.24.157 · bl (Art. 56 Abs. 1 IVöB)
Municipality's Waste Collection Bid Annulled Over Improper Deadline Extension and Eligibility Issues
Used to establish the admissibility and deadline for the appeal.
2015.09.03.sv.4 · bl (Art. 56 Abs. 1 IVöB)
Bidder Exclusion and Contract Award for Tunnel Spoil Transport
Cited regarding the formal requirements and deadline (20 days) for submitting an administrative appeal.
2015.09.03.sv.4 · bl (Art. 56 Abs. 3 IVöB)
Bidder Exclusion and Contract Award for Tunnel Spoil Transport
Cited as the basis allowing the complainants to challenge legal violations, including discretion abuse, in their appeal.