A live software demo is allowed — but the bidder cannot score for features that surface for the first time during that demo
The Council of State annuls the award to Randstad of the HYGEA temp-staffing contract because IDEA scored Randstad on two software features — integrated priority lists and cancellation up to 15 minutes before deployment — that were not in the bid itself but only emerged during the product demo a month after bid opening.
What happened?
On 17 and 21 June 2013 IDEA and its sister company HYGEA — two Walloon intercommunal authorities around Mons-Borinage-Centre — published a joint procurement notice for temp staff. The contract was estimated at €10,000,000 excl. VAT over four years and divided into two lots: lot 1 for HYGEA (the waste-collection arm — about 142,000 temp hours in 2012) and lot 2 for IDEA (~9,500 hours). The award criteria for lot 1 were price (40 points), the IT tool (30 points — 15 for ergonomics and ease of use to be assessed at a live demonstration, and 15 for 'additional functionalities'), and the qualitative procedure (30 points). The specifications required each bidder to attach a written description of the IT tool with screenshots — the tool itself did not need to be submitted. Nine bids came in. They were opened on 21 August 2013. The demonstrations took place on 19–20 September 2013 — a month later — with 15 minutes presentation, 15 minutes online test by a user, and 15 minutes Q&A per bidder. On 13 November 2013 IDEA's board awarded lot 1 to Randstad Belgium (89.94/100). Pep's Interim came fifth with 76.34/100. Pep's Interim brought an action for annulment. Core complaint: for the 'IT tool' criterion, IDEA based its scoring almost exclusively on what it had seen during the demos — the award report contains no reference to the written descriptions attached to the bids. Worse, of the five 'additional functionalities' IDEA credited to bidders, at least two were NOT in Randstad's bid: (1) integrated management of priority lists of temps and (2) cancellation up to 15 minutes before the actual start of the temp. Each worth 3 points out of 15. IDEA's defense: the bid did mention 'pool management' (based on skills, availability and training) and a general 'cancellation option'. The Council disagreed sharply: 'pool management' is not 'priority lists' — IDEA's own report treats them as different items under different headings. And a general cancellation option without a concrete deadline is not 'cancellation up to 15 minutes' — that specific deadline is precisely what was scored. These are therefore standalone new functionalities, not mere clarifications under article 115 §6 of the Royal Decree of 8 January 1996. The sixth chamber concluded that IDEA had awarded points based on elements not in the bid itself, breaching the principle of intangibility of offers. The argument that all bidders had the same opportunity to refine their tool between 21 August and 19 September did not save the procedure — it confirmed the problem. The award decision for lot 1 was annulled; the rest of the appeal was dismissed.
Why does this matter?
Live demos and presentations are now common in IT procurement, design contests, architecture competitions and even meal contracts. The reasoning is sensible: you can't assess ergonomics or taste on paper. But the Council of State draws a firm line — a demo can clarify or illustrate a bid, not supplement it. For bid managers: every feature you want to 'sell' in the demo must already be explicitly described in your bid. For contracting authorities: the award report cannot rest on demo content that has no anchor in the written bid. Screenshots, technical descriptions, and concrete deadlines are not extras — they are the legal anchor.
The lesson
When your award criterion involves a post-opening live demo, presentation or test, every element you intend to score must already be in the bid itself. A demo can illustrate, not supplement. Concretely: write all functionalities, screenshots, numbers and deadlines you want to demonstrate later into the bid. Avoid generic phrasing ('cancellation possible') if the contracting authority will later score a specific parameter ('within 15 minutes').
Ask yourself
Take the award report. Does every 'additional functionality' or plus credited to a bidder appear literally in that bidder's original offer — with the same wording, numbers and deadlines? If even one feature was shown only during the demo without a concrete reference in the bid, your award decision is exposed to suspension.
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 →