If your own bid says 'average 100 dB', the authority can use that against you
The Council of State dismissed Fire Technics' urgent application: the specifications required 'less than 100 dB(A)' as an essential requirement, and Fire Technics' own bid said 'average 100 dB(A)' and elsewhere '100.1 dB(A)' — so the authority could reject it based on Fire Technics' own documents, without first testing.
What happened?
The Federal Public Service of Home Affairs issued an open tender for pressure ventilators for emergency services, divided into three lots. For lot 1 (combustion engine), article 1.9 of document B was an 'essential requirement': sound level at maximum rpm had to be 'less than 100 dB(A)'. Two bidders submitted: Fire Technics and Vanassche FFE. Fire Technics' bid stated on page 46: 'Sound level at 1 metre around the pump at full load approx. 100 dB(A) at 1 metre'. In annex B at requirement 1.9: 'Average 100 dB(A)'. And in the summary table of annex 1: '100.1 dB(A) at one metre'. On 23 April 2015 the FPS rejected the bid as non-compliant with essential requirements and awarded to Vanassche. Fire Technics filed an urgent suspension: the difference of 0.01 dB was 'minimal', a test at the award stage would have shown the device complied, this was a non-substantial formal defect at most, and the exclusion left only one supplier on the market. The Council of State dismissed. First: 'average 100 dB(A)' logically implies it sometimes exceeds — contrary to 'less than 100'. Elsewhere '100.1 dB(A)': by definition not less than 100. Second: the specifications explicitly classified the sound requirement as an essential technical requirement. Third: the authority does not have to test whether the device actually complies — it may decide based on what the bidder writes. Fourth: the fact that only one regular bid remained does not breach article 5 of the law of 15/06/2006 — competition operates at the call for tenders, not afterwards.
Why does this matter?
For bid managers this is a hard reminder: your bid documents are read literally. 'Average', 'approx.', '100 dB at 1m' — if the spec says 'less than 100', you're out on your own words. No test, no second chance, no mercy for 0.1 dB. And the consolation that the market now has one supplier? No argument: competition plays before opening, not after.
The lesson
Before submitting: next to every essential specification, write the exact value from your bid, without softeners like 'average', 'approx.', 'maximum'. If the requirement says 'less than X', write 'X − 5' or even '0.99 X', not 'X'. And cross-check all documents in your bid — one table reading '100.1' is enough to disqualify you.
Ask yourself
Review your latest bid for a contract with strict technical limits. For every 'less than X' / 'maximum Y' / 'minimum Z' from the specifications: does my bid explicitly state a value, and is it strictly on the right side of the threshold? Do any words like 'approx.', 'average', 'around' appear near that critical parameter? If so: correct or explicitly justify.
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 →