UDN rejected: non-selection due to invalid reference for site manager — contracting authority not obliged to identify references from curriculum vitae
The suspension request in extreme urgency against the non-selection of Urban Living Project Management for the competitive dialogue for office and training infrastructure (Build to Suit, 22,000 m² NFA) in Antwerp is rejected — VDAB could limit its assessment to the two explicitly designated references for the site manager, of which one had not been provisionally delivered, without examining the list of 16 projects in the key person's CV.
What happened?
VDAB launched a competitive dialogue for Build to Suit office and training infrastructure (approximately 22,000 m² NFA) in Antwerp via a lease agreement. The selection guide required the site manager to have at least 10 years' experience and at least 2 references as responsible site manager for projects with construction costs of at least 10 million euros. General guidelines required candidates to explicitly indicate which references for which criterion, with no more references than required. Urban Living PM designated two references for the site manager: Ursulinenhof Hasselt and AP Campus Hallenplein. The second was not yet provisionally delivered at submission. Urban Living PM argued that the site manager's CV contained 16 projects, three meeting requirements. The Council of State found VDAB could reasonably limit assessment to the two explicitly designated references without searching the CV for alternatives. The reference guidelines apply to all selection criteria including key personnel qualifications. Article 66 §3 provides no basis for allowing a candidate to designate different references from the CV — that amounts to a new candidacy. The duty of care does not oblige the authority to remedy the candidate's own carelessness. Suspension rejected.
Why does this matter?
This ruling clarifies the allocation of responsibility in submitting references. The candidate must explicitly designate which references serve which criterion. The authority is not obliged to search CVs for alternative references. Reference submission guidelines apply to all selection criteria. Article 66 §3 cannot be used to let a candidate submit a revised candidacy.
The lesson
As tenderer: explicitly designate your references for each selection criterion. Don't assume the authority will search your CV for better references. Verify that each designated reference meets all minimum requirements including delivery deadlines. As authority: consistently apply your reference submission guidelines. You are not obliged to search CVs for alternative references.
Ask yourself
As tenderer: did I explicitly designate references for each criterion? Does each reference meet all minimum requirements? As authority: did I correctly apply my reference submission guidelines? Was clarification needed, or were the offered references clear?
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 →