Kernrechtsfrage
Whether the exclusion of the lowest bidder for insufficient proof of labor-condition compliance was arbitrary and violated Art. 9 BV.
Extrahierter Entscheid
The exclusion was unlawful because the authority failed to clearly specify the required proof and allowed an unreasonably short deadline, making the bidder's non-compliance attributable to the authority's handling of the file.
Extrahierte Begründung
The bidder initially relied on a plausible GAV; the authority later switched to another, more specific GAV without adequate guidance. The request for proof was unclear, the deadline was extremely short, and the authority contributed to the misunderstanding. In these circumstances, excluding the bidder was stossend and arbitrary.