The specifications require a product presentation 'on pain of nullity' — but the authority simply doesn't organize it
The Council of State annuls the award of an access control contract because the specifications required tenderers to present their proposed equipment 'on pain of nullity of their offer', but the authority never organized this presentation and evaluated offers without this step.
What happened?
The municipality of Gerpinnes tendered access control installation for municipal buildings. The specifications required two award criteria: price (50 points) and 'technical value and user-friendliness' (50 points). For the second criterion, the specifications stated that tenderers must present their proposed equipment 'on pain of nullity', after which the technical department would assess quality and platform usability. The municipality never organized this presentation and awarded to Telecom Security based on documents alone. DAO Systems challenged the award. The municipality argued the mandatory site visit served as the presentation. The Council rejected this: the site visit was required before offer submission to learn about the locations — not to present an offer still in preparation. The suspension was ordered (February 2025), the municipality didn't request procedure continuation, and the award was annulled via the abbreviated procedure.
Why does this matter?
This ruling is a textbook example of the patere legem quam ipse fecisti principle: the authority must follow the rules it set for itself. When a specification qualifies a procedural step as essential ('on pain of nullity') and the authority skips it, this violates its own specifications, the transparency principle, and the legitimate expectations of tenderers.
The lesson
For authorities: don't include procedural steps in specifications you don't intend to follow. If the specifications mention a product presentation 'on pain of nullity', you must organize it. For tenderers: if the specifications prescribe a procedural step that was not followed, this is a strong ground — especially if qualified as essential for evaluation.
Ask yourself
Does your specification contain a mandatory procedural step (presentation, demo, site visit, interview)? Have you actually organized it? Or did you evaluate offers without following through?
About this database
The Council of State (Raad van State / Conseil d'État) is Belgium's supreme administrative court. In disputes over public procurement — from contract awards to tenderer exclusions — the Council of State is the final arbiter. The rulings in this database are summarised by TenderWolf in plain language, with practical lessons for tenderers and contracting authorities. View all rulings →