Article 53 Intercantonal Agreement on Public Procurement (IVöB) - Subject of Complaint

1. The following decisions are exclusively subject to appeal

a) the call for tenders

b) the decision regarding the selection of bidders in the selective procedure

c) the decision regarding the inclusion of a provider in a register or the removal of a provider from a register

d) the decision on requests for recusal

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. Provisions in the tender documents, the significance of which is apparent, must be contested together with the call for tenders.

3. The provisions of this agreement regarding the right to be heard in the decision-making process, the suspensive effect, and the limitation of grounds for appeal do not apply to appeals against the imposition of a sanction.

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

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

6. Appeals against the conclusion of individual contracts under Article 25 paragraphs 4 and 5 are excluded.