Suspension of Christmas lighting award: municipality should have verified and motivated the realistic character of one-hour intervention time, especially given significant differences between tenderers and tender submitted by different company than award recipient
The Council of State suspended the award by the Municipality of Jette of a Christmas lighting contract to Ilvris, because the municipality had not effectively verified or motivated the realistic character of the one-hour intervention time offered by Ilvris and Globall Concept, which significantly differed from the two-to-three hours offered by PACT SOLUTIONS, and it additionally emerged that the tender was submitted by a different company (Ilvris Light & Events SRL) than the one to whom the contract was awarded (Ilvris Import-Export Distribution & Gestion).
What happened?
The Municipality of Jette conducted a negotiated procedure without prior publication for Christmas trees and lighting. Award criteria were price (70 points) and urgent intervention/repair time (30 points). Three tenders were received. PACT SOLUTIONS offered 2-3 hours; Ilvris and Globall Concept each offered 1 hour. The contract was awarded to Ilvris. The Council found that the municipality should have verified the realistic character of the intervention times, particularly given the significant differences. No element in the decision, examination report, or administrative file showed effective verification. The municipality's arguments (two identical offers, prior commitments, nearby site) were insufficient. Moreover, the tender was submitted by a different company than the award recipient. The first ground was serious; suspension was ordered.
Why does this matter?
This ruling confirms that when intervention or execution time serves as an award criterion, the contracting authority must effectively verify the realistic character of offered times, especially when significant differences exist between tenderers. Merely comparing times via the scoring formula is insufficient.
The lesson
As a contracting authority: actively verify and document the realistic character of offered intervention times. Significant differences between tenderers should raise red flags. Verify that the tenderer submitting the offer is the same entity as the award recipient. As a tenderer: offer realistic times substantiated by your logistical capacity.
Ask yourself
As a contracting authority: have you actively verified the realistic character of offered times? Is this verification documented? Have you checked that the tender was submitted by the same legal entity as the award recipient?
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 →