Urgent suspension request for 24/7 radio dispatching operation for Bruxelles Mobilité rejected — third award decision after previously suspended second decision — material error dash/0 euro in Excel inventory — Phase OUT post negligible — no competitive advantage for incumbent operator
The Council of State rejected Sophia Group's urgent suspension request against the Brussels-Capital Region's third award decision for the 24/7 radio dispatching operation for Bruxelles Mobilité (awarded to Lombardi Belgium for €2,013,950.18), ruling that qualifying the dash in Lombardi's Excel inventory as a material error was not manifestly unreasonable, that the Phase OUT post was rightly considered negligible, that the methodology evaluation was adequately motivated, and that Sophia Group failed to demonstrate concrete injury from the alleged competitive advantage of the incumbent operator.
What happened?
Brussels-Capital Region published an open procedure for a 24/7 radio dispatching services contract (one year plus three possible renewals). Two tenderers submitted offers: Sophia Group and Lombardi Belgium (incumbent operator). Lombardi's Excel inventory showed a dash instead of a price for post B1 (Phase IN) because the spreadsheet technically could not display a value of €0.00. After clarification, Lombardi confirmed a price of €0. Two prior award decisions to Lombardi were respectively withdrawn and suspended (arrest 264.175 found insufficient formal motivation). The third award decision (14 November 2025) with expanded motivation again awarded to Lombardi. The Council rejected all four pleas: the dash-to-zero qualification as material error under Article 34 was not manifestly unreasonable; post B2 (Phase OUT) was rightly negligible given its limited duration (6 weeks), lack of specific performance requirements, and marginal estimated value (€10,000 vs €2,000,000); the methodology evaluation properly assessed team qualifications; and neutralizing post B1 would not change the ranking given the €121,699.82 price difference.
Why does this matter?
This ruling provides nuanced application of Article 34 Royal Decree 2017 where Excel technical limitations caused the ambiguity, clarifies the discretion in qualifying posts as negligible for price verification, and demonstrates the strict interest requirement when challenging tender criteria — abstract hopes of a new procedure are insufficient without demonstrating that neutralization would change the ranking.
The lesson
When Excel technically cannot display a zero price, the authority may treat it as a material error. To challenge an award criterion favouring the incumbent, you must concretely demonstrate that neutralization would change the ranking. As contracting authority, after a suspension ruling, ensure expanded motivation addressing all file elements.
Ask yourself
Does your Excel inventory have technical limitations affecting price display? Flag them. Want to challenge an award criterion? Calculate whether neutralization changes the ranking first. After a prior suspension, have you sufficiently deepened your motivation?
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 →