Lexipedia

Procurement appeal

A legal challenge against procurement acts such as tender documents, exclusion, the award decision or certain direct awards.

A procurement appeal allows bidders to challenge unlawful procurement decisions before the competent Swiss review body, which may be federal or cantonal depending on the contracting authority and contract. Appealable acts can include tender documents, exclusion, selection decisions, awards and some direct awards. Time limits are short, and the appeal must usually show legal interest and specific defects such as discrimination, lack of transparency or incorrect evaluation. Suspensive effect is not always automatic and may need to be requested.