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

1. The following orders are exclusively subject to appeal

a. the publication of the contract;

b. the decision regarding the selection of providers in the 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 requests for disqualification;

e. the award;

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. Instructions contained in the tender documents, whose significance is apparent, must be contested together with the tender.

3. The provisions of this agreement concerning the right to be heard in the administrative procedure, the suspensive effect, and the limitation of the grounds for appeal do not apply to appeals against the imposition of a sanction.

4. Orders under paragraph 1, letters c and i, can be appealed regardless of the contract value.

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

6. The appeal against the conclusion of individual contracts pursuant to Article 25 paragraphs 4 and 5 is excluded.