Rejection of suspension application: selection criterion 'ISO or equivalent quality system' sufficiently clear in light of beverage supply contract for vulnerable persons
The Council of State rejected the suspension application by NV H. against the award of a beverage supply framework agreement, as the selection criterion requiring an 'ISO or equivalent quality system' was sufficiently clear when read in light of the contract's purpose (beverage supply for vulnerable persons via OCMW) and the specifications regarding hygiene, traceability and food safety, and the acceptance of BRCGS and ISO-22000 certificates as equivalent was not manifestly unreasonable.
What happened?
The Brussels Kitchens conducted an open procedure for a 48-month framework agreement for beverage supply in five lots. The selection criterion required an 'ISO or equivalent quality system'. Three tenderers were selected. NV H. submitted ISO-9001; NV T. submitted BRCGS, BELAC and Foodchain ID certificates after invitation; NV S. submitted ISO-22000. The contract was awarded to NV T. (lots 1 and 4) and NV S. (lots 2 and 3). NV H. challenged the criterion as insufficiently clear. The Council held the criterion was sufficiently clear in context: the contract served vulnerable persons, the specifications emphasized hygiene, traceability and food safety, and sector-specific certifications like BRCGS and ISO-22000 were legitimately considered equivalent. The sole ground was not serious.
Why does this matter?
This ruling clarifies that a selection criterion does not need to list every acceptable certificate. The formulation 'ISO or equivalent quality system' can be interpreted in light of the contract's purpose and specifications. Food sector operators are expected to know the recognized management systems and certifications in their sector.
The lesson
As a contracting authority: you may formulate a selection criterion as 'ISO or equivalent quality system' without listing every acceptable certificate, provided the required level can be derived from the specifications as a whole. As a tenderer: interpret selection criteria in light of the full specifications and your sector's recognized certifications.
Ask yourself
As a contracting authority: can the required level of your selection criterion be derived from the specifications as a whole? As a tenderer: have you interpreted the selection criterion in light of the full contract purpose?
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 →