Public Procurement Act - Purpose

1. This law governs the implementation of the BGBM as well as international and intercantonal agreements on public procurement.

2. This law specifically aims to

a) strengthen competition among providers;

b) promote the economical use of public funds;

c) ensure equal treatment of all providers;

d) ensure transparency of the procurement procedures.

1. Subject to this law, insofar as they issue contracts

a) * The cantonal administration and other entities carrying out cantonal tasks, provided they do not have a commercial or industrial character.

b) * Municipalities, their associations, other public institutions and bodies, as well as other entities carrying out municipal tasks, provided they do not have a commercial or industrial character.

c) Companies and organizations operating in the water, energy, and transport supply sectors as well as telecommunications, insofar as they are subject to international and inter-cantonal agreements.

2. This law applies to other persons, bodies, and organizations if the public sector contributes more than half of the total costs.

1. Any entity awarding contracts may only consider bidders who ensure compliance with occupational safety regulations and the labor conditions stipulated in universally applicable collective labor agreements or, in the absence of such agreements, the local and industry-standard conditions.

1. Appeals against contestable decisions by the contracting authorities may be lodged within 10 days.

2. The appeal authority is the single judge of the High Court.

3. The appeal has a suspensive effect only under the condition of Art. 17 of the Intercantonal Agreement on Public Procurement (IVöB). The appeal authority shall decide within 10 days after receipt of the appeal.

4. In the scope of application of this law, the rules on the suspension of time limits do not apply. This provision must be indicated in the legal remedies instruction.

5. Otherwise, legal protection is governed by the intercantonal agreement on public procurement of March 15, 2001.

1. The following actions are considered to be contestable decisions

a) Invitation to tender;

b) Termination of the procurement procedure;

c) Exclusion from the procurement procedure;

d) Selection of participants eligible in the selective procedure;

e) Inclusion or non-inclusion of providers in a directory of suitable providers and removal from the directory;

f) Award or revocation of the award of the contract.

2. The decisions are briefly justified, with the exception of the invitation to tender.

1. Clients are liable for damage caused by a decision deemed unlawful by the Supreme Court.

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

1. The Cantonal Council may conclude international and intercantonal agreements in the field of public procurement and may also modify existing agreements.

2. The Cantonal Council regulates the principles and procedures of public procurement through ordinances.

1. The government council is responsible for overseeing the execution.

2. The government council may conclude reciprocity agreements with cantons and states.

3. Subject to specific statutory provisions, the government council may delegate awarding competencies to permanent advisory commissions.

1. The Ordinance of August 21, 1919, on the Awarding of Work and Deliveries for the State as well as the Ordinance of June 23, 1998, on Legal Protection in Public Procurement are repealed.

1. The Government Council determines the entry into force of this law.