Art. 53: Act on Accession to the Intercantonal Agreement on Public Procurement of 15 November 2019 (Accession Act IGPA)

1 Decisions that may be challenged by appeal are exclusively the

following

a. the invitation to tender;

b. the decision on the selection of bidders in the selective procedure;

c. the decision on the inclusion of a bidder in a register or on the deletion of a bidder from a register;

d. the decision on requests for recusal;

e. the award;

f. the revocation of the award;

g. the cancellation of the procedure;

h. the exclusion from the procedure;

i. the imposition of a sanction.

2 Orders in the tender documents, whose meaning is recognizable, must be challenged together with the invitation to tender.

3 Appeals against the imposition of a sanction are not subject to the provisions of this agreement concerning the right to be heard in administrative proceedings, suspensive effect, and the limitation of grounds for appeal.

4 Decisions under paragraph 1 letters c and i may be challenged by appeal regardless of the contract value.

5 In all other respects, 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.

Suspensive Effect

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