Art. 18 Interkantonale Vereinbarung über das öffentliche Beschaffungswesen (IVöB) - Offenes Verfahren

B.2015.270 · sg (Art. 18 Abs. 1 IVöB)

Public Contract Award Re-evaluation Due to Illegal Pricing Curve and Improper Equivalence Assessment

Cited as the legal basis allowing the appellate court to overturn the decision and remand the case for a new ruling based on a compliant price curve.

B.2015.270 · sg (Art. 18 Abs. 1 IVöB)

Public Contract Award Challenge Regarding Price Evaluation Curve and Accessibility Scoring

Cited as the procedural basis allowing the appeal instance to overturn the decision and remand the matter for a new decision.

B.2014.210 · sg (Art. 18 Abs. 2 IVöB)

Non-Selected Bidder Lacks Standing to Challenge Public Contract Award

Cited in the reasoning section to establish that the contract conclusion does not preclude the applicant's right to a finding on the illegality of the award if the appeal were upheld, although the final order did not explicitly rely on it for the decision on the merits.

B.2014.210 · sg (Art. 18 Abs. 2 IVöB)

Unsuccessful Bidder's Lack of Standing in Procurement Appeal

Cited in the reasoning section as the provision upholding the applicant's right to a finding of unlawfulness despite the contract having been concluded, although this was not the final ground for non-admission.

B.2013.46 · sg (Art. 18 Abs. 1 IVöB)

Public Procurement Transparency Violation and Award Annulment

The court used this provision to decide the case on its merits by granting the award to the appellant after revoking the contested award decision.

B.2013.46 · sg (Art. 18 Abs. 1 IVöB)

Contract Award Annulled Due to Unannounced Evaluation Criterion and Scoring Error; Contract Awarded Directly to Appellant

The court decided the substance of the case by granting the appeal and awarding the contract, as permitted by this provision for cases where the award decision is annulled.

B.2012.175 · sg (Art. 18 Abs. 1 IVöB)

Public Procurement Challenge: Evaluation Criteria and Reassessment During Appeal

Cited in order 2 as the legal basis for awarding the contract to the appellant.

B.2012.175 · sg (Art. 18 Abs. 1 IVöB)

Public Procurement Dispute: Improper Rating Scales and Altered Evaluation Lead to Contract Award Reversal

The appeal authority granted the appeal and awarded the contract to the appellant based on this provision.

B.2012.119 · sg (Art. 18 Abs. 2 IVöB)

Appeal Dismissed for Untimely Challenge and Contract Execution in Forestry Tractor Procurement

Cited as the basis for only allowing the finding of unlawfulness of the award decision since the contract had already been concluded.

B.2012.119 · sg (Art. 18 Abs. 2 IVöB)

Forestry Tractor Contract Award Challenge Dismissed Due to Untimely Suspension Request and No Causal Illegality

This provision justifies that only the unlawfulness of the award decision can still be determined because the contract has already been concluded.

B.2012.34 · sg (Art. 18 Abs. 1 IVöB)

Wastewater Treatment Plant Procurement: Lowest Bidder Selection Mandated by 100% Price Criterion

Cited in the reasoning section as the basis allowing the appeal instance to decide the case on the merits (by awarding the contract) after annulling the initial decision.

B.2012.34 · sg (Art. 18 Abs. 1 IVöB)

Lowest Bidder Entitled to Contract When Price Was Sole Award Criterion

Cited as the legal basis enabling the court to decide the case itself (granting the contract) rather than remitting the case to the lower authority after annulling the decision.

B.2009.182 · sg (Art. 18 Abs. 2 IVöB)

Vocational Center Carpentry Contract Award Unlawful Due to Insufficient Justification of Award Criteria Weighting

Cited in the reasoning which leads to the final order allowing the court to rule on the unlawfulness of the award since the contract was already concluded.

B.2009.182 · sg (Art. 18 Abs. 2 IVöB)

Public Contract Award Overturned Due to Insufficient Justification of Bid Evaluation Criteria

Cited because, due to the contract having already been concluded, the court could only declare the award unlawful, rather than voiding it.

B.2008.49 · sg (Art. 18 Abs. 2 IVöB)

Challenge to Re-Award of Public Works Contract Following Revocation of Initial Award

The court's finding that the appeal is dismissed as unfounded relies on the review of the award decision under this provision.