The European Commission has presented a proposal to reform European public procurement law. This draft aims to simplify and increase the flexibility of procurement procedures and to strengthen the orientation towards quality and strategic objectives. The Federal Chamber of German Architects (BAK) generally welcomes this reform approach, but emphasises the need for clear and legally sound regulations. The goal is to ensure that simplifications do not come at the expense of planning quality, small and medium-sized enterprises, or fair competition.
Andrea Gebhard, President of the Federal Chamber of German Architects, stated that a simplification of European public procurement law is fundamentally to be welcomed. She highlighted that, especially for intellectual and creative services, competition for the best solution should be at the forefront, and not solely the price. Therefore, the preservation of proven instruments for quality and fair competition is crucial.
The BAK assesses the stronger weighting of the price-performance ratio over the sole lowest price positively. The general retention of national scope for manoeuvre is also welcomed. This was particularly evident in the regulation on awarding contracts in lots, which is explicitly included in the article. This provision was not yet foreseen in a draft version that became known in July. BAK Vice-President Evelin Lux had strongly advocated for its inclusion in a discussion with the European Commission at the beginning of September, which is now considered a positive step. The design of further scope for manoeuvre should now ensure that planning quality and procedural diversity are strengthened.
Core Demands of the Federal Chamber of German Architects
In the course of the legislative process, the Federal Chamber of German Architects is formulating two central demands. These are intended to help secure high standards in the planning sector and to ensure fair competition for all stakeholders.
- —Legally secure anchoring of design competitions: Design competitions, as essential instruments for quality competition, innovation, and building culture, must be explicitly enabled. The commissioning of prize winners must be structured in a legally sound manner.
- —Fair remuneration for independent planning services: If specific solutions or designs are required, Member States must be able to provide appropriate remuneration. This is to ensure that smaller offices, in particular, are not excluded from competition due to high participation costs.
The Federal Chamber of German Architects will closely monitor the further legislative process in the European Parliament and the Council of the European Union. Its commitment is to ensure that national scope for manoeuvre and the specific requirements for planning services are given legally secure consideration in the further procedure.
