Suspension of cemetery park award due to disclosure of initial offer prices via e-Procurement before renegotiation — lowest bidder structurally disadvantaged by unequal playing field
The Council of State suspended the award of infrastructure works for a park cemetery in Beverlo (Beringen), finding that the visibility of the initial opening report with all total prices on the e-Procurement platform before the invitation to resubmit offers created an unlawful competitive advantage for other tenderers at the expense of the initially lowest bidder, in breach of the equality principle and Article 13 §1 of the Public Procurement Act.
What happened?
The city of Beringen tendered infrastructure works for a park cemetery via simplified negotiated procedure with prior publication, with price as the sole award criterion. After qualification screening, seven offers were ranked; BV A. ranked first with the lowest price. On 29 October 2024, after minor specification changes, the city invited all tenderers to resubmit. However, the initial opening report showing all total prices was visible to every tenderer on the e-Procurement platform. In the second round, BV V&V INFRA — initially ranked fourth — submitted an offer that was €74,272 lower than its initial price, beating BV A. by only €512.75 (the initial gap was €56,580). The Council found this created a structurally unequal playing field: other tenderers could calibrate their price below the lowest bidder's known price, while the lowest bidder could not reposition itself in the same way. The defenses that (1) everyone had the same information, (2) only total prices were visible, and (3) the platform generated this automatically were all rejected. V&V INFRA's intervention request was refused for disloyal procedural conduct (filed one day before the hearing without valid reason). The inadmissibility exception based on the contract having been concluded was rejected: the award decision is a severable administrative act. Suspension was ordered.
Why does this matter?
This ruling is an important precedent for the use of the e-Procurement platform in negotiated procedures. Equal access to pricing information creates unequal competitive positions when the lowest bidder cannot reposition itself. The ruling also confirms that conclusion of the contract does not remove the interest in seeking suspension of the severable award decision, and that loyalty in procedural conduct is strictly enforced in urgent proceedings.
The lesson
As a contracting authority: when inviting resubmission in a negotiated procedure, ensure initial offer prices are not visible on the e-Procurement platform. Configure visibility settings so tenderers can only see their own data. The argument that the platform generates this automatically is not a justification. As a tenderer: if initial prices were visible before resubmission, this constitutes a serious ground for suspension. As an intervening party: strictly respect procedural deadlines imposed by the Council.
Ask yourself
As a contracting authority: are initial offer prices visible on the e-Procurement platform when you send a resubmission invitation? Can you configure PV visibility settings per procedure? As a tenderer: was your initially lowest offer disclosed before resubmission? How do competitors' price drops compare to the scope of specification changes?
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 →