Rejection of suspension application against non-selection for framework agreement for exhibition materials: merely referencing framework agreements without describing concrete deliveries is insufficient as a reference
The Council of State rejected the suspension application by NV V. against her non-selection by VDAB for the framework agreement for signage and exhibition materials, because her references merely cited three framework agreements without describing what concrete deliveries she had performed, for what value and when — preventing VDAB from assessing whether she had the required technical competence.
What happened?
VDAB conducted a European open procedure for a framework agreement for signage and exhibition materials, with quality (50 points), price (40 points) and sustainability (10 points) as award criteria. The selection criterion required at least three references of similar services from the past three years, with name, contact details, description, total amount and duration. This was already the third award decision after two previous decisions were withdrawn. NV V. was not selected because her references merely cited three framework agreements without describing any concrete deliveries performed under those agreements. The Council rejected both grounds: (1) the authority's positive selection motivation ('OK') was sufficient when no selection issues arose, confirmed by the confidential tenders of selected bidders; (2) NV V.'s references failed to specify which lots were assigned to her, what she actually delivered, for what value and when — she had merely copied the contract descriptions from the framework agreements. Additional information submitted in the application could not be considered as it was not part of the original tender.
Why does this matter?
This ruling clarifies that referencing framework agreements alone is insufficient to meet a technical competence selection criterion: the tenderer must concretely describe what deliveries or services were actually performed under those agreements. The mere award of a framework agreement provides no guarantee of actual performance. The ruling also confirms that less formal motivation is required for positive selection decisions.
The lesson
As a tenderer: when citing framework agreements as references, concretely describe what you actually delivered, for what value, when and for which lot. Do not simply copy the contract description. As a contracting authority: you are not obliged to request additional clarification of references — the obligation to substantiate rests on the tenderer.
Ask yourself
As a tenderer: when citing framework agreements, do you also describe what you actually delivered, for what value and when? Have you included all information requested by the specifications?
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 →