Key legal question
Whether the missing independent laboratory certificate required exclusion of the winning bidder
Extracted holding
The certificate was an aptitude requirement; its absence could not be ignored as a mere informal defect and should have led to exclusion rather than a post hoc scoring penalty.
Extracted reasoning
The tender documents clearly separated aptitude requirements from award criteria. The certificate served to verify ongoing compliance with sanitary and hygiene rules, not to evaluate the offer's quality. Treating it as a scoring element blurred the distinction between aptitude and award criteria.