Successive architect pheasantslaan d&B

As regards the tenderer’s obligation to submit and the minimum selection requirements, a structured package is requested via the e-Tendering platform, in separate PDF sections. For example, (1) a registration form must be provided; (2) Part A containing the European Single Procurement Document (ESPD) as a declaration of honour on grounds for exclusion and selection criteria; (3) Part B with qualitative selection criteria, including a certificate of professional liability insurance (economic/financial capacity), proof of professional competence (Master's degree in architecture and at least 5 years of project experience) and proof of technical competence (2 reference projects of multi-family housing / social housing in the last 5 years, max. 1 A4 per reference, with description, size, role of the architect and contact details of the client). In addition, (4) Part C includes the written award notes: Note 1 (Plan of approach & yard methodology, max. 4 A4) and Note 2 (Expert, Team & Sustainability, max. 3 A4). No explicit turnover/turnover requirements are mentioned; the financial capacity is demonstrated by means of professional risk insurance and ESPD.

With regard to the scope of the contract (what, where, when, how much), the documents describe an assignment for integral site control, follow-up and delivery of a social housing project at Fazantenlaan in Zaventem. The tasks are phased: file study and inspection of the implementation file (CBO plans, specifications, permit, Living in Flanders standards), weekly and additional site visits, inspection of implementation, materials, safety, follow-up of claims, more/less work, planning and deadlines, and supervision of provisional and final delivery including aftercare and inspection of as-built and PID. The duration is in line with the implementation schedule of the construction project (40+ months), with a fixed fee of EUR 186.800 excl. VAT, divided into: EUR 6,000 for inspection of the execution file, 44 monthly services x EUR 3,200, 4 x EUR 7,500 annual compensation for insurance/expenses, and EUR 10,000 for follow-up between provisional and final acceptance. The environmental permit also specifies implementation periods for the construction phases (phases 1 and 2) and additional conditions (water management, accessibility, advice from utilities and services) that the architect must monitor.

The award criteria and their weighting are fully qualitative and together amount to 100 points. Criterion 1 (Plan of Approach & Yard Methodology – in writing) weighs 40 points, with sub-criteria: 1.1 Site inspection & quality assurance (15 ptn), 1.2 Review of CBO plans & technical sheets (15 ptn), 1.3 Financial, administrative & time management (10 ptn). Criterion 2 (Expert, Team – Written) weights 30 points, with sub-criteria: 2.1 Experience assigned project architect(s) in site follow-up, preferably D&B/social housing (15 ptn), 2.2 Organisation, availability & replacement matrix (5 ptn), 2.3 Control stability and techniques incl. consultancy firms (10 ptn). Criterion 3 (Speech & presentation – oral) weighs 30 points, with 3.1 Substantive explanation & case (15 ptn) and 3.2 Communication & solution orientation (15 ptn). All regular bidders will be invited to a 30-minute interview with the strict presence of the effectively assigned project architect(s). The evaluation committee (2 project managers + operational manager Woontrots) uses a standardised rating scale from ‘Excellent’ (100% of max. points) to ‘Insufficient’ (0%), and cannot award the contract if no offer is of sufficient quality.

As regards risks and special conditions, the documents impose different contractual and legal obligations, such as a strict independence clause: the design architect belongs to the construction team up to and including the environmental permit and implementation agreements; the architect who controls the execution may not be part of the construction team and the transfer is recorded in a PV. Legal liabilities apply according to the Civil Code (Articles 1792 and 2270: 10-year liability) and the architect is fully responsible for his assignment, including errors in supervision of the contractor. Compulsory is 10-year civil and professional liability insurance in the construction sector (2017 and 2019 laws), plus a BA policy specifically aimed at ‘lack of supervision’; the proof must be provided by means of a certificate within 30 days of the award and at the same time serves as a guarantee (no separate financial guarantee). The contracting authority may terminate the contract without compensation in the event of non-fulfilment of obligations, unusable documents, cessation of professional activities, impossibility of performance or manifest incapacity; in other cases, the architect is entitled to 25% of the fee for services normally still to be provided in the event of unilateral termination. The contract has price revision via indexation formula, all claims are electronic, and the executive architect is not entitled to compensation for non-executed tasks if the project is (partially) discontinued. The period of validity of the tender is 90 calendar days from the closing date for submission, there is no explicit site visit obligation described, but weekly site meetings during execution. Questions and objections to the procurement documents must be notified in writing no later than 10 days before the deadline for submission; any additions/amendments during negotiations must be objected to by registered letter within 1 week.

As regards inconsistencies or corrections within the documents, the texts explicitly provide for a procedure to report and correct ambiguities and conflicts. For example, the specifications state that tenderers must notify the contact person without delay of any inconsistencies, omissions or illegalities; the absence of such notification within the prescribed period confirms that, according to the tenderer, there are no inconsistencies or illegalities. In addition, it stipulates that minimum requirements (identified as such in the award guide) are not negotiated; additions and clarifications made by the contracting authority during negotiations are an integral part of the applicable provisions and therefore take precedence over previous formulations. In the case of environmental conditions (such as advice from VMM, Accessible Flanders, utilities and fire brigades), these advices and the annex with urban planning conditions form an integral part of the permit and must be complied with; where there would be differences between the design and the conditions of these opinions, the permit conditions are binding. In short, in the event of conflicting statements, the contracting authority’s provisions explicitly referred to as a minimum requirement or as an annex to a licence/agreement and subsequent written additions are the decisive reference.