eVigilo / evaluator links to successful bidder in procurement challenge
Risk Mechanism
Undisclosed professional links between evaluation experts and the successful bidder created a conflict-of-interest risk. The contracting authority was required to examine and address the risk without waiting for proof of actual bias.
Case Summary
In eVigilo, an unsuccessful bidder challenged a public-warning system tender because evaluation experts had professional links with the successful bidder. The Court of Justice held that conflicts of interest may breach equal-treatment and transparency principles. It also held that contracting authorities remain responsible for external expert evaluations and must address conflict risks without requiring bidders to prove actual bias.
Risk Lesson
This case demonstrates how undeclared relationships between evaluation experts and bidders can undermine tender integrity even without proof of actual bias. It highlights warning signs such as undisclosed professional links, weak conflict-of-interest checks, inadequate recusal practices, and external expert evaluations without clear independence safeguards.
Reference
Court of Justice of the European Union. (2015). eVigilo Ltd v Priešgaisrinės apsaugos ir gelbėjimo departamentas, Case C-538/13. Available from: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62013CJ0538