GSN heeft daarna tijdig dit kort geding aanhangig gemaakt. Na betekening van de dagvaarding op 11 oktober 2017 maar vóór de geplande datum van de behandeling van de zaak ter zitting op 14 november 2017 heeft de Staat bij brief van 7 november 2017, voor zover thans relevant, aan GSN het volgende meegedeeld:
“(…)
We have concluded that we could have provided you a more substantial and clear explanation on some parts of the award decision.
(…)
First of all, in the decision, I mistakenly mentioned that the price quoted in your tender was not the lowest bid. You did in fact offer the lowest price.
(…)
Secondly (…) we did recieve the Appendix (…) However, in the RFP it was clearly mentioned that the response forms should be used for drawing up the tender. Furthermore, in the response form attached tot the RFP as Appendix 5a, it was clearly mentioned that the proposals on each of the three wishes should not exceed 1 page A4 (verdana 9 pt). This implies that any other information or documents not being part of the response form submitted, or any information exceeding 1 page A4 would not be assessed. You heva nevertheless submitted various Appendices, including an Appendix conerning Blue Bee. In light of the requirements set out, we consider the Appendices not to be part of your proposal and did not include these Appendices in our assessment. (…)
(…)
As to the two subcriteria on which you claim you have not be awarded the correct amount of points, I inform you as follows.
(…)
Plan of Approach
(…) The information you provided is very genera land unspecified and, consequently, did not meet the SMART criteria in full. You refer to two Appendices that we could not take into consideration.
(…)
Our assessment resulted in 20 points of the maximum total of 30 points.
Responsibility
(…)
The description of the annual assessment of performance (KPI) in the response form does not meet the SMART criteria in full. You only provide a summary of very general KPI’s but you do not provide a SMART description of how the annual evaluation takes place and how the quality of the services will be revised based on this evaluation. In other words, you do not explain how you will apply the KPI’s. Also, you should have included the information regarding the Blue Bee program in the response form (within the limit of an A4 page), and not in a separate Appendix. As you have not done so, we could not include this information in the assessment. Finally, your proposal does not mention anything about auditibility.
Our assessment resulted in 7,3 points of 10 points maximum.
The review we have conducted does not lead to another reward decision.
(…)
As a courtesy, I am prepared to extend the objection period with respect to these parts of the decision with another 20 days from now.
(…)”
De Staat heeft in deze brief verder zijn excuses gemaakt voor de gemaakte fout alsmede voor bij GSN door bepaalde mededelingen ontstane verwarring en/of misvattingen.