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Part 4 · Award of Public Contracts and Concessions  ›  Division 2 · Proceedings before the Public Procurement Tribunal › Section 163

Principle of Investigation

(1) The public procurement tribunal shall investigate the facts ex officio. In doing so, it may limit itself to the facts presented by the parties or those of which it can be reasonably expected to be aware. The public procurement tribunal shall not be obliged to review extensively the lawfulness of the procurement procedure. In its entire activities, it shall take care to not unduly impede the course of the procurement procedure.

(2) The public procurement tribunal shall review the application for manifest inadmissibility or unfoundedness. In doing so, it shall also consider a written statement lodged by the contracting authority as a precautionary measure (protective writ). Unless the application is clearly inadmissible or unfounded, the public procurement tribunal shall serve a copy thereof upon the contracting authority and request from the contracting authority the files documenting the procurement procedure (award files). The contracting authority shall immediately make the award files available to the tribunal. Sections 57 to 59(1) to (5) and Section 61 shall apply mutatis mutandis.

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