Irregular tender
An irregular tender does not meet the formal or material requirements of the specifications. The distinction between substantial and non-substantial irregularities is crucial: substantial irregularities mandatorily lead to exclusion.
Suspension of fire station renovation award due to inadequate price justification examination — municipality failed to examine price justification in its entirety and rejected offer on factually incorrect grounds
The Council of State suspended the award of works for the renovation and extension of the fire station and municipal depot in Sint-Gillis-Waas, finding that the municipality had not examined the tenderer's price justification with the required diligence and had declared the offer irregular on grounds lacking factual and legal basis.
Application devoid of purpose after withdrawal of exclusion of tender and award of framework agreement for access control installations City of Ghent — costs charged to respondent
The Council of State rejected the suspension application by NV SERIS TECHNOLOGY against the City of Ghent's decision to exclude its tender for the framework agreement for emergency repairs, maintenance and renovation of access control installations as irregular and to award the contract to a third party, as the City of Ghent had withdrawn the contested decision, rendering the application devoid of purpose, with costs charged to the City of Ghent.
This page shows all rulings of the Council of State (Belgium's supreme administrative court) on irregular tender in public procurement. Each ruling is summarized by TenderWolf in plain language, with a legal lesson and a practical question to ask yourself. View all rulings →