Facts
In July 2015, the Bern Municipal Council issued a tender for the establishment and operation of a public bicycle rental system in the city of Bern. Two providers submitted offers at a price of CHF 0 each. The Bern Municipal Council awarded the contract to PubliBike AG. The unsuccessful Intermobility SA filed a complaint against this decision up to the FSCA.Considerations
The FSCA concluded that the order for the operation of the bicycle rental system constitutes a public contract within the meaning of procurement law. Even though the offers were submitted at a price of CHF 0, the granting of special-use rights to public land and other services provided by the Bern Municipal Council constitute a valuable consideration. Furthermore, the operation of the bicycle rental system…