Purchase of materials for false ceilings

✓Concerning award criteria and weighting, the documents are clear that the only award criterion is price, namely the lowest price based on the total amount of the inventory/offer.

✓As such, quality or qualitative criteria are not used as award factors; instead, conformity with the technical specifications is a condition of admissibility of the offer, not a criterion.

✓Fedasil reserves the right to negotiate (for instance, to regularise missing documents or improve prices) and may request a “best and final offer” (BAFO); once a BAFO is submitted, no further changes or regularisations are allowed.

❓The procurement procedure is explicitly qualified as a small-value/limited value contract under article 92 of the Belgian law of 17 June 2016, with no obligation for Fedasil to award or conclude the contract (article 85).

✓The text also describes risks and special conditions, such as the bidder being bound to their offer for a period of 90 calendar days from the deadline for submission, with a new 90-day period beginning if an improved offer or BAFO is submitted during negotiations.

✓As such, payment terms are governed by Belgian execution rules: invoices must be sent electronically via the Mercurius platform (PEPPOL-compliant), must include detailed mandatory data (e.g. reference to the contract, unit price and quantity, VAT breakdown, delivery date and address, purchase order number, PV of receipt if applicable), and must be virus-free, failing which they may be deemed not received.

✓Payment is made within 30 calendar days of receipt of the supplies or performance of services, provided Fedasil has a properly issued invoice and supporting documents, with late penalties, defect findings, and official measures governed by the AR/KB of 14 January 2013 (adapted formality: PVs and measures can be sent by email instead of registered mail).

❓There is no mention of performance guarantees or subcontracting rules specific to this contract in the extracted text, but there are general obligations on data protection (GDPR) and consideration of gender dimension in execution.

✓As for contradictions or corrections within the documents, the French and Dutch versions are substantively aligned: both describe the same procedure, scope, award criterion (lowest price only), one-shot delivery deadline, place of performance, electronic submission and e-invoicing requirements, 90-day validity period, negotiation and BAFO rules, and application of Belgian legislation.

✓One apparent inconsistency arises in the price revision section: in one place the documents state “prices are fixed for the full duration of the contract (no price revision allowed)”, while elsewhere a price revision formula based on the consumer price index (IPC) is provided, including conditions and timing for requesting revision.