A reference for 2,200 parking meters in Seattle does not prove experience with licence plate entry — if the functionality only goes live in 2016
The Council of State rejects IPS Group Benelux' challenge against its exclusion at selection stage for a Gent parking-meter tender and rules that a reference where the required functionality (licence plate entry) is not yet operational does not prove technical experience — even if the bid documents show the equipment supports it.
What happened?
On 5 January 2015, the City of Gent (acting as central purchaser also for Sint-Niklaas) launched an open call for parking meters with central management system and maintenance. The tender required at selection 'a comparable reference contract showing the bidder's experience in first- and second-line maintenance, licence plate entry parking (not only for free tickets) and supply of a management system' supported by an attestation. The tender also provided a proof of concept (POC) for regularity review. IPS submitted five references; four were individual parking meters, one (Seattle) was 2,200 multi-bay meters contracted in 2014, but no reference clearly mentioned licence plate entry as operational. After requesting clarification, Gent contacted Seattle directly. Seattle confirmed installation began on 13 April 2015 with only 10 meters operational as 'classic parking meters' and licence plate entry to be activated when all units installed (planned 2016). On 11 June 2015 IPS was not selected. The Council ruled that selection assesses the bidder's historical experience, not what is offered in the bid; an obligatory selection requirement is binding even without the word 'require'; the POC belongs to the regularity stage after selection; and challenges to the legality of a selection clause must target the clause itself. The suspension was rejected; IPS ordered to pay €900 in costs.
Why does this matter?
When a selection criterion requires 'experience with functionality X', there is a big difference between 'we can do this according to our documentation' and 'we have built it and it runs'. Bidders hoping that a recently signed contract or a planned activation counts as 'experience' may be eliminated at selection. And invoking a tender's POC as a 'demonstration of experience' misreads the procedural flow: selection comes first, POC is regularity. Finally, if a selection requirement effectively excludes you and you find it unreasonable, do not wait — challenge the tender clause in time.
The lesson
If a selection criterion asks for 'experience with functionality X', make sure before submission that at least one of your references has that functionality actively running — not 'contractually foreseen' or 'soon to be activated'. And ask for the attestation in those terms: it must confirm the activation and the buyer's satisfaction with that specific functionality. Otherwise you spend filing fees with no chance of selection.
Ask yourself
For every selection criterion that asks experience with a specific functionality: do you have at least one reference where that functionality is currently operational, with an attestation confirming it? Not 'installation in progress', not 'next year': now, today, in production.
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 →