Federal Act
on Public Procurement
(PPA)

¹ The ap­peal body may de­cide on the case it­self or refer it back to the pre­vi­ous in­stance or to the con­tract­ing au­thor­ity. In the event of re­fer­ral, it must is­sue bind­ing in­struc­tions.

² If the ap­peal proves to be jus­ti­fied and the con­tract has already been con­cluded with the ten­der­er se­lec­ted, the ap­peal body shall de­term­ine the ex­tent to which the con­tested de­cision vi­ol­ates the ap­plic­able law.

³ At the same time as es­tab­lish­ing the vi­ol­a­tion, the ap­peal body shall de­cide on any claim for dam­ages.

⁴ Dam­ages are lim­ited to the ne­ces­sary ex­penses in­curred by the ten­der­er in con­nec­tion with pre­par­ing and sub­mit­ting its tender.