If competitors may improve their bid, the authority must follow the correct procedure
When two tenderers receive the same score and both may improve their bid, that improvement must be submitted via a secure electronic platform — not by ordinary email.
What happened?
Two architecture firms bid on the renovation project of the Palace of the Nation in Brussels. They both received the same score and were invited by the Chamber to improve their bids. But instead of submitting via a secure electronic platform, the Chamber asked both firms to send their improved bids by email. The Chamber could not guarantee that those improvements remained confidential until the deadline.
Why does this matter?
This ruling shows that electronic communication in procurement procedures cannot simply be email. The law requires a secure platform with guarantees against espionage. This affects your rights: you cannot be sure whether your competitors can see your strategy.
The lesson
Always check how the authority wants to receive your improved bid. If the specifications require a secure platform (such as e-Procurement), you can also demand this. If you must submit by email, ask for written assurance that your bid will remain confidential.
Check yourself
Have I clearly prescribed in my specifications how bid improvements must be submitted, and what security requirements apply?