Rejection of annulment action for NATO residence kitchen renovation: mandatory site visit is minimum requirement whose non-compliance constitutes substantial irregularity — availability of plans and photos insufficient to demonstrate manifest error of assessment
The Council of State rejected the annulment action by SRL MASTER 33 against its exclusion for non-participation in the mandatory site visit for the renovation of the Belgian NATO residence kitchen, finding that the specifications clearly and repeatedly prescribed the mandatory and prior nature of the visit, the contracting authority committed no manifest error in qualifying non-compliance as a substantial irregularity, and the mere availability of plans and photos did not demonstrate that the site visit lacked essential character.
What happened?
The Belgian State tendered the complete renovation of the kitchen of the Belgian NATO delegation residence through a negotiated procedure without prior publication. The specifications required a mandatory site visit at multiple points. SRL MASTER 33 submitted an offer without visiting the site and was excluded for irregularity. The Council found that even without an explicit nullity sanction, a clearly and repeatedly prescribed mandatory site visit can constitute a minimum requirement under Article 76 of the Royal Decree of 18 April 2017. The contracting authority's wide discretion in qualifying the substantiality of irregularities was not exceeded. The availability of plans, measurements and photos did not demonstrate a manifest error of assessment. The action was rejected.
Why does this matter?
This ruling clarifies that a mandatory site visit can constitute a minimum requirement even without an explicit nullity sanction. The contracting authority has wide discretion in qualifying the substantiality of irregularities.
The lesson
Always complete mandatory site visits, even if the specifications don't explicitly mention nullity as sanction. The availability of alternative documentation doesn't guarantee your offer will be considered regular.
Ask yourself
Have you completed the mandatory site visit? If not, have you contacted the contracting authority about the consequences?
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 →