Facts
The G2IR3 Group submitted a bid for a public services contract for the rehabilitation and extension of the wastewater treatment plant in the municipality of La Chaux-de-Fonds. The contract was awarded to the STEP 2300 Group, which presented the most economically advantageous offer according to the municipality. The G2IR3 Group appealed this decision to the Administrative Court of the canton of Neuchâtel, which confirmed the contested decision.
The G2IR3 Group then filed a public law appeal with the Federal Court, alleging that the award decision was contrary to the principle of transparency and competition. The appellant argued that the municipality had not listed the award criteria in order of importance, which had distorted the competition between the bidders.
Considerations
The Federal Court examined the admissibility of the public law appeal and found that the applicable law in this case was the Intercantonal Agreement on Public Procurement (AIMPu) and the Federal Act on the Internal Market (IMA). The Court also examined the question of whether the appellant had standing to appeal and concluded that the G2IR3 Group had a legally protected interest in appealing.
The Federal Court then examined the merits of the appeal and found that the municipality of La Chaux-de-Fonds had violated the principle of transparency by not mentioning the award criteria in order of importance. The Court also…