- News
- Publications
- Press releases
- Links
- Contact
- Members area
User login
Enter your username and password here in order to log in on the website:
In February 2014, the European Union adopted a revised version of the Public Procurement Directive, which lays down the rules for competitive tendering of public contracts. ACE marks the deadline for Member States to transpose the provisions of the modernised Directive into national law by reiterating its recommendations for a strong implementation of the Directive in the field of architectural services.
Accounting for around 19% of the EU GDP, public procurement contracts are a significant and influential component of the EU economy, and play a key role in the construction and architectural sectors. By imposing EU-wide competitive tendering for public contracts above a certain value and transparency and equal treatment for all tenderers, the EU Public Procurement Directive is of crucial importance for the architectural profession. Throughout the legislative procedure to modernise the 2004 Directive, ACE has sought to ensure that the interests of architecture, consumers, clients, quality and efficiency are taken into account by EU policy-makers.
The amended 2014 Directive requires substantial changes in national public procurement law. While today marks the deadline for Member States to transpose the Directive into national law, ACE recalls that this process offers an opportunity to open up the architectural market for young professionals and small offices as well as to shift from the one-dimensional price perspective to an holistic one, where architectural quality, sustainability, quality and life-cycle costs factors are taken into account. ACE is convinced that a smart implementation of the Directive in the architectural sector can result in more competition and better results in the construction sector.
In 2014, ACE adopted Guidelines for the transposition of the Directive into National Law, in which it recommends a tailor-made transposition and application of the Directive, taking into account the particularities of architects’ services. The document provides best practice examples, recommendations on the application of EU provisions for design contests as well as 10 rules, which are essential to respect in every procedure so as to eliminate procurement practices that undermine transparency, competition and non-discrimination principles. The main ACE recommendations can be summarised as follows:
1. Definition of the project
The architect must be put into a position to act as an independent trustee of the contracting authority in order to guarantee a performance not orientated towards pure financial benefit of the contractor. Design and execution of work should be procured separately and the brief should be developed on the basis of the result of a design contest.
2. Accessibility of public contracts and Selection criteria
Architects’ services should be chosen on the basis of the best idea and concept for the very project to be planned. Quantitative criteria like turnover and number of employees are not appropriate means of selection. In general, selection criteria should be restricted to the professional qualification and the absolute minimum of additional criteria to guarantee genuine competition.
3. Procedures
Architects’ services should be procured by using a design contest organised as part of a competitive procedure with negotiation leading to the award of a public service contract. Only in exceptional cases, e.g. projects with low planning requirements, a competitive procedure with negotiation without design contest may be used.
4. Procurement Instruments and Tools
The Electronic Auction, Framework Agreements and Dynamic Purchasing Systems are not suited to the procurement of architects’ services.
5. Award Criteria
The awarding criteria for architects’ services must be based on quality. Price as the sole criterion for the awarding of contracts should be excluded. Criteria relating to the organisation, qualification and experience of staff must not be misused to exclude small firms and young professionals from the market. Groups of economic operators, including temporary associations must be allowed to participate in order to comply with exceptionally strict requirements concerning organisation, qualification and experience.
To date, the transposition of the Directive into national law varies considerably from one country to another. The degree of competition substantially differs. ACE calls on Member States to use this opportunity to amend national public procurement legislation by putting emphasis on most competitive procedures as the open design contest, so as ensure the maximum benefit of citizens, economic operators and contracting authorities.
