601.71 AIMP

CH-NE

Art. 16 Inter-Cantonal Agreement on Public Procurement (AIMP), of November 25, 1994 - Grounds for Appeal

6 Finance - 60 Financial Management - Section 5: Legal Remedies

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Art. 16 Inter-Cantonal Agreement on Public Procurement (AIMP), of November 25, 1994 - Grounds for Appeal · Grounds for Appeal

1. An appeal may be lodged

a) for violation of the law, including any excess or abuse of discretionary power;

b) for incorrect or incomplete findings of relevant facts.

2. The objection on grounds of inopportuneness cannot be invoked.

3. In the absence of cantonal implementing provisions, the provisions of this agreement may be directly invoked by bidders.

← Art. 15 Intercantonal Agreement on Public Procurement (IAPP), of November 25, 1994 - Right and Time Limit for Appeal 6 Finances - 60 Financial Management - Section 1: General Provisions Art. 17 Intercantonal Agreement on Public Procurement (IAPP), of November 25, 1994 - Suspensive Effect →

Court Decisions Applying This Provision (5)

CDP.2012.334 · ne (art. 16 al. 1 et 2 AIMP)

Public Entity Disability Insurance Contract Award Annulled Due to Flawed Evaluation Methodology

Cited in relation to the limited scope of review over the contracting authority's discretion (Art. 33 LPJA by reference to Art. 41 LCMP).

CDP.2011.451 · ne (Art. 16 al. 1 et 2 AIMP)

Contractor Challenge to Expert Evaluation in Design Selection Dismissed

Cited in the reasoning regarding the scope of review concerning the assessment of offers.

TA.2010.175 · ne (Art. 16 al.1 et 2 AIMP)

Sewage Treatment Contract Award Annulled Over Post-Deadline Modification and Flawed Evaluation

Cited in the reasoning regarding the scope of review by the administrative court.

TA.2003.134 · ne (art.16 al.3 AIMP)

Consortium Challenge to Public Contract Award Based on Post-Submission Price Modification

Used to establish that the AIMP could be directly invoked by bidders in the absence of cantonal implementing provisions.

TA.1998.114 · ne (Art. 16 al.2 AIMP)

Bidder Challenge to Catering Contract Award Dismissed

Cited in the reasoning to support the principle that the ground of inexpediency cannot be raised in an appeal, which informs the rejection of the appeal.