Referring to framework agreements without concrete execution details does not suffice as a reference
A tenderer that merely refers to framework agreements as references without specifying which lots were awarded, what deliveries were actually made, for what value and when, fails to adequately substantiate its offer and is rightly not selected.
What happened?
VDAB launches an open procedure for a framework agreement for signage and exhibition materials. Seven tenderers submit offers. The specifications require at least three references of similar services (nature and scope) from the past three years, with name, contact details, description, amount and duration. The applicant lists three framework agreements as references but without specifying which lots were awarded, what deliveries were actually made, for what value and when. VDAB does not select the applicant. The Council of State finds neither ground serious.
Why does this matter?
This judgment clarifies how references involving framework agreements must be presented. Many tenderers have framework agreements as their main references, but the mere reference to a framework agreement says little about the services actually performed — a framework agreement offers, absent minimum quantities, no guarantee of execution. The Council of State confirms that the contracting authority may rightly expect more specifics. The judgment also reaffirms the tenderer's duty to substantiate: it is not for the authority to supplement the offer, but for the tenderer to adequately support it.
The lesson
When citing a framework agreement as a reference, you must specify: (1) which lots were awarded, (2) what deliveries or services were actually performed, (3) for what value, and (4) when. Simply reproducing the contract description from the procurement documents is not enough. The authority is not obliged to request additional information (Art. 66 §3: option, not obligation). As for motivation of selection: where no issues arise, the notation 'OK' in a summary table suffices, especially when the motivation for non-selection of other tenderers clarifies by contrast why the selected parties did qualify.
Ask yourself
Are you using a framework agreement as a reference? Include not just the contract description but also which lots you were awarded, which concrete deliveries or services you performed, for what value, and in what period. As a contracting authority: you may expect references to be specific, but remember that you have the option (not obligation) to request clarification.
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 →