Act on Public Procurement (Procurement Act, SubmG) (Submissionsgesetz, SubmG) - Accession to the Intercantonal Agreement (SubmG)

1. The Canton accedes to the Intercantonal Agreement on Public Procurement of March 15, 2001 (IVöB).

2. The Government Council may consent to amendments of the IVöB, insofar as they are not of a fundamental nature.

3. It regulates the details of public procurement in implementing regulations. It may exempt submitted documents from the scope of the law on the principle of publicity.

1. The threshold values according to Annex 1 and Annex 2 of the IVöB are binding.

2. The government council may approve the adjustments to the threshold values decided by the Intercantonal Body.

1. The Executive Council may conclude reciprocity agreements with other cantons, border regions, or states.

1. The Recusal of the Procurement Authorities is Governed by the Provisions of the State Administration Act.

1. For proceedings under the Federal Act on the Internal Market, the procedural law of the canton is decisive.

2. Appeals against decisions restricting free market access with regard to the recognition of certificates of competence can be lodged with the governing council.

1. Competence for handling complaints in procurement matters lies with the Administrative Court.

2. The period for lodging a complaint is ten days following the reasoning for the decision according to Article 7 paragraph 3 of this Act.

1. The contracting authority issues decisions through publication or notification.

2. The decisions are summarized and justified concerning the award criteria and are accompanied by an instruction on legal remedies, stating that

a. the unsuccessful bidders can request a detailed explanation of the decision in writing from the contracting authority within ten days, and

b. the decision becomes legally binding if the explanation is not requested.

3. Upon written request within ten days of the decision's notification, the contracting authority specifically informs the unsuccessful bidders of

a. the procurement procedure applied;

b. the name of the successful bidder;

c. the price of the awarded offer;

d. the main reasons for not being considered;

e. the decisive characteristics and advantages of the successful offer;

f. the indication of the legal remedy according to Art. 6 of this Act.

1. Unless otherwise specified by the IVöB and this law, legal protection is governed by the Court Organization Act, the Administrative Court Procedure Ordinance, and the Liability Act.

1. The client is liable to the providers for any damage they have culpably caused through an unlawful tender or decision.

2. Liability is limited to the expenses incurred by the provider in connection with the procurement and legal remedy procedures.

3. The claim for damages must be submitted to the administrative court within six months from the notification by the awarding authority.

1. Serious violations of the procurement regulations may be sanctioned by the contracting authority through a warning, withdrawal of the awarded contract, imposition of a fine of up to ten percent of the adjusted bid amount, or exclusion from participation in future procurements for a period of up to five years.

2. Such a decision can be appealed to the administrative court within ten days.

3. These sanctions are applicable without prejudice to further legal actions against the offending bidder.

1. This Act applies to the awarding of contracts that are advertised or awarded after its entry into force. Procedural steps that have been formally initiated at the time this Act comes into force do not need to be repeated.

1. Repealed are

a. the Law on Public Procurement of November 30, 2000;

b. the Cantonal Council's resolution on joining the Intercantonal Agreement on Public Procurement of February 29, 1996.

1. The Government Council determines when this law comes into force. It is subject to an optional referendum.