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GVB employee sick during tender: procedure must be restarted

The tender for the cleaning of the ferries of the GVB has to be completed. The judge ruled that last week.

The industrial cleaning company that had lost the tender procedure had gone to court. The company has been carrying out these cleaning activities for the GVB for fifteen years, but at the end of last year the transport company was looking for a party with ‘the most economically advantageous tender’ for three years, with a maximum of two additional years.

Not involved

An assessment team from the GVB, which would consist of four people, ultimately made a choice between this company and another company. This involved the management and maintenance coordinator, the business office team leader, the operational manager and an external advisor who acted as subject matter expert. The management and maintenance coordinator called in sick and was therefore not involved in the assessment. According to the cleaning company, the interaction in the team has been different because of this and the GVB employee who reported sick had a lot of knowledge because he was the ‘man in the field’.

The GVB did not agree. The transport company says that the expertise of the sick employee was not missed, because it was a relatively simple assignment for cleaning services. Moreover, the other three agreed, which made it unlikely that he could have convinced them to come to a different conclusion.

deviated

The preliminary relief judge noted that the CFP has deviated from the assessment procedure described in the tender documents. In those documents it was stated that it was a team of four people. According to the judge, the transport company should therefore have postponed the assessment or the companies could inform about the situation.

The GVB must also pay the cleaning company’s legal costs, which amount to approximately 1800 euros.

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