The provisions of the Act against Restraints of Competition (GWB) shall apply.
With regard to the initiation of review proceedings, reference is made to Section 160 GWB. This reads:
(1) The Procurement Chamber shall initiate review proceedings only upon request.
(2) Any enterprise having an interest in the public contract or concession and claiming a violation of its rights under section 97(6) due to non-compliance with procurement rules is entitled to file an application. It must be shown that the enterprise has suffered or is threatened with suffering damage as a result of the alleged violation of the procurement rules.
(3) The application is inadmissible insofar as
1. The applicant has recognised the alleged infringement of procurement rules before submitting the request for review and has not notified the contracting authority within a period of ten calendar days;
2. infringements of procurement rules which are apparent from the notice are not notified to the contracting authority no later than the expiry of the time limit for application or submission of tenders stated in the notice,
3. infringements of procurement rules which are only apparent in the tender documents are not notified to the contracting authority at the latest by the expiry of the time limit for submitting applications or tenders,
4. more than 15 calendar days have elapsed after receipt of the Client's notification that it does not wish to remedy a complaint.
With regard to the information of unsuccessful bidders and candidates, Sections 134, 135 GWB shall apply. In particular, the following applies: Bidders whose tenders are not to be considered for the award shall be informed of this prior to the award pursuant to Section 134 GWB. This also applies to bidders who have not been informed about the rejection of their application was made available before the notification of the award decision was issued to the tenderers concerned.
A contract may not be concluded until 15 calendar days after the Principal has sent this information; in the case of transmission by fax or electronic means, this period shall be 10 calendar days.