Dismissal of the appeal against the award of a construction project

Facts

The [A. AG] and the [B. AG] submitted bids for construction work on the avalanche gallery NG174, lot 4504, on the secondary road Anschluss Embd and Derfji, section Tschongbach, in the municipality of Embd. The State Council of the canton of Valais awarded the contract to [B. AG] . [A. AG] filed a complaint with the Cantonal Court of the canton of Valais, which was dismissed.

[A. AG] then filed an appeal with the Federal Court and requested the cancellation of the award decision and the award to itself at a price of Fr. 2'abc'cba.--. The Federal Court dismissed the appeal, insofar as it was admissible.

Considerations

The Federal Court found that the appeal in public law matters was not admissible because the estimated value of the contract to be awarded did not reach the relevant threshold of the Federal Act on Public Procurement (PPA) and no question of principle was at stake. However, the submission of [A. AG] can be considered as a constitutional complaint.

The Federal Court dismissed the appellant's complaint that the evaluation of the price criterion was arbitrary. The lower court correctly reproduced the Federal Court's jurisprudence, according to which the publication of the grading scale in the tender documents is not required. The applied grading scale does not contradict the Federal…