Being invited to bid is not the same as being selected: Jacobs learns the hard way that qualifying for one job won't shield you on the next
The Council of State confirms that ORES rightly excluded Établissements Jacobs from lot 17 of the WQBLAAWA framework — being qualified in the system and invited to tender does not mean you have been selected for the specific contract.
What happened?
ORES Assets has run a qualification system (WQBLAAWA) since 2011 for low-voltage and public-lighting works in Wallonia. Établissements Jacobs has been qualified since May 2012 and remains so after ORES updates the system in September 2020. On 28 September 2022 ORES publishes a periodic indicative notice for a 21-lot framework contract — negotiated procedure with prior call for competition based on the qualification system. Each lot requires a minimum number of 'complete teams'; lot 17 'Région Wallonie Est' needs one team plus class-4 P2 accreditation. A complete low-voltage team consists of 1 works manager (AGS 205), 1 planting foreman (AGG 207), 1 network foreman (AGS 205 + LBT 208) and 2 network agents (AGS 205 + LBT 208). Jacobs is invited to tender on 29 September 2022 — the e-procurement email literally says he has been 'sélectionné'. He files an offer for lot 17 on 2 November 2022, but his team has only two people with the AGS 205 + LBT 208 combination. After unsuccessful regularisation, ORES decides on 9 February 2023 not to select Jacobs and awards the lot to SA Yvan Pâques. Jacobs argues before the Council of State that an explicitly 'selected' bidder cannot be deselected, and that requiring three permitted agents is disproportionate when only two work on site at any one time. The Council rejects both arguments. The 'sélectionné' wording in the e-procurement email is generic platform text, not a binding statement — Article 148 §5 of the 17 June 2016 Act makes clear that qualified operators are 'candidates' still to be selected for the specific contract, and Article 66 of the 18 June 2017 RD (special sectors) explicitly empowers the contracting entity to revisit the selection of an already-selected candidate at any stage. The proportionality argument also fails: an extra team member is justified for shift organisation and larger sites, and the lot-specific criterion mirrors a qualification criterion Jacobs never challenged.
Why does this matter?
Bidders entering through a qualification system often read the invitation email as confirmation that they are 'in'. This judgment makes clear that this is a misunderstanding. The contracting entity may at any stage — even after inviting you — reconsider your selection if your offer reveals you do not meet the selection criteria for that specific lot. And lot-specific selection criteria stricter than the basic qualification are not automatically disproportionate.
The lesson
When you receive an invitation to tender via a qualification system, ALWAYS reread the lot-specific specifications. Compare the selection criteria for that lot with your actual current capacity — not with your historical qualification. If stricter or additional requirements are listed (extra teams, higher class, specific permits), you must meet them on the day of the offer, not on the day you were qualified.
Ask yourself
When you receive an invitation to tender on a lot via a qualification system, open the lot-specific specifications and verify three things: (a) what class and category of accreditation does this lot require? (b) what is the exact minimum team composition with permits required on the day of the offer? (c) does each of those persons hold valid training and the relevant permit on the opening date? If you answer 'no' or 'unsure' to any of these, do not file before completing or regularising — and do not rely on 'we have been qualified for years'.
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 →