Suspension of software contract award by Walloon Parliament — inadequate formal motivation of ORDIGES selection despite multiple difficulties with references and attestations of good execution
The Council of State ordered the suspension of the Walloon Parliament's decision to award ORDIGES the contract for budgetary and accounting management software (€416,411.66 incl. VAT), the formal motivation of ORDIGES' qualitative selection being inadequate given the multiple difficulties encountered — five initial references found unsatisfactory, three new attestations of good execution with formal defects (no letterhead, no signature, unidentifiable signatory) — and ordered the lifting of confidentiality of these attestations under CJEU C-54/21 Antea Polska.
What happened?
The Walloon Parliament launched an open procedure in June 2024 for budgetary and accounting management software (PIA), including licenses, configuration, implementation, training and maintenance, for 96 months. The qualitative selection criterion required demonstration of two implementation projects for public entities of a similar software worth minimum €200,000 excl. VAT within the past three years. Four tenderers submitted offers. From August 2024, the Parliament found ORDIGES' references problematic and requested clarifications three times. ORDIGES' initial five references were all found unsatisfactory. After a first award on 12 September 2024 was withdrawn following EASI's detailed challenge (showing one reference used the wrong software product and the other referenced an entity that didn't exist at the alleged implementation date), the Parliament requested new references. ORDIGES submitted three new attestations (ONSS, ACTIRIS, INASTI) with formal defects: all dated 17 October (before the 18 October request); ACTIRIS attestation without letterhead and unsigned; INASTI attestation without letterhead and signed by unidentifiable person. The Parliament re-awarded to ORDIGES on 14 November with a standard-format motivation failing to address the multiple difficulties. The Council found the first ground serious: the formal motivation was inadequate. Suspension was ordered. Confidentiality of the attestations was lifted under CJEU C-54/21 Antea Polska.
Why does this matter?
This ruling is remarkable on several counts. First, it illustrates the reinforced motivation obligation when qualitative selection poses difficulties: a succinct motivation is insufficient when the authority had to contact the tenderer three times and all initial references proved unsatisfactory. Second, it shows the limits of Article 66 §3 clarifications: the authority cannot uncritically accept attestations with manifest formal defects. Third, the ruling provides a detailed application of CJEU C-54/21 Antea Polska on non-confidentiality of references: attestations of good execution do not in principle constitute trade secrets and may be disclosed for effective judicial protection.
The lesson
As a contracting authority: when qualitative selection poses repeated difficulties, the formal motivation must be proportionally detailed. Verify attestation form: official letterhead, identifiable signature, date consistency. As a tenderer: document doubts about competitor references in detail and communicate them to the authority. Request lifting of confidentiality of attestations under CJEU Antea Polska.
Ask yourself
As a contracting authority: does your motivation address selection difficulties? Are accepted attestations on official letterhead with identifiable signatures? Are dates consistent? Is the referenced software actually 'similar'? As a tenderer: are the winner's references verifiable? Did the referenced entity exist at the alleged implementation date?
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 →