Subject Matter (BGBM)

1. This Act regulates legal protection in the field of public procurement, insofar as the competent authorities of the canton, the municipalities, and other entities responsible for cantonal or municipal tasks act as contracting authorities.

2. Third parties are subject to this Act only insofar as they award contracts in the performance of public duties.

1. Decisions made by the contracting authority can be appealed to the Superior Court. Appeal to the Government Council is excluded.

2. The decision of the Superior Court is final, subject to federal legal remedies.

3. Persons with a registered office or branch in Switzerland are entitled to file a complaint.

4. The following decisions are considered contestable by complaint

a) Announcement of the contract

b) Decision on the selection of participants in the selective procedure

c) Exclusion from the procurement procedure

d) Award, cancellation, or revocation of the procedure

1. Appeals must be submitted in writing and with justification to the Superior Court within 10 days of receiving the decision.

2. An extension of the deadline will not be granted.

1. The appeal does not have a suspensive effect.

2. The Superior Court may grant the suspensive effect upon request or ex officio if the appeal appears to be sufficiently well-founded and no overriding public or private interests oppose.

3. If the suspensive effect is granted at the request of the appellant and it may lead to significant disadvantage, the appellant may be required within a reasonable time to provide security for the procedural costs and possible party compensation. If the security is not provided within the specified time, the decision regarding the suspensive effect becomes void.

4. The appellant is obliged to compensate for damage resulting from the suspensive effect if they have acted intentionally or with gross negligence.

1. The principal or principals are liable for damages caused by a decision whose illegality has been determined by the Superior Court.

2. Liability is limited to the expenses that the provider incurs directly in connection with the procurement and appeal proceedings.

3. Compensation for the appeal proceedings is determined by the Superior Court and is calculated according to the provisions of the Administrative Procedure Act.

4. Otherwise, liability and procedures are governed by the Liability Act.

1. If the appeal proves to be well-founded and a contract has already been concluded with the provider, the Superior Court merely determines the extent to which the contested decision violates federal law (Art. 9 para. 3 BGBM).

2. Article 5 remains reserved.

1. Insofar as this Act does not contain specific provisions, the complaint procedure is governed by the Administrative Procedure Act.

1. This law shall enter into force on a date to be determined by the Executive Council, subject to an optional referendum.

2. It shall be published in the official gazette and included in the cantonal collection of laws.