Rejection French-speaking chamber

You can bring your own tests, but the contracting authority can ignore them

Ruling nr. 265.405 · 14 January 2026 · VIe kamer

If the specifications state that only the contracting authority's tests count, you cannot demand that your own laboratory report be included.

What happened?

A supplier bid on a major defence contract for military uniforms. The specifications clearly stated: only the results of the Defence Laboratory (DLD) count. But the supplier included its own laboratory report proving the fabric was compliant. Defence rejected the bid anyway. The supplier complained, but the court said: the specifications are clear — you may submit your own tests, but the contracting authority can ignore them.

Why does this matter?

This ruling is important: even if you submit supporting evidence, the contracting authority can ignore it if the specifications prescribe which tests apply. This affects the risk that you do your best and still get rejected.

The lesson

Read the specifications extra carefully regarding which tests/certificates apply. If it states that only certain laboratories or sources count, accept that. Include your own documentation, but don't count on it carrying weight.

Check yourself

Which tests/certificates does the specification require, and which source (lab, institution) must perform them?