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Non-compliant competition and award procedures. An appeal of the bdla Bavaria

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Dear members of the bdla,

The executive board of bdla Bavaria and the Bavarian Chamber of Architects are increasingly receiving information about competition and award procedures that do not comply with the rules. This concerns both the invitations to tender and selection procedures, the negotiations and awarding of contracts, as well as the behaviour and offers of bidders, ergo: unfortunately also of non-collegial colleagues from our profession.

Here, the professional principles of the bdla, as well as those of the Chamber of Architects and the relevant laws and guidelines are being violated. This is incomprehensible and harmful to the interests of our profession, especially under the current economic conditions. It cannot be that landscape architects work for too low fees and under problematic contract conditions, while for example executing enterprises experience golden times. This is not only to the detriment of high-quality offices, but also to the detriment of their employees, and it is a burden on the position of our profession in society.

We must be able to rely on the fact that all members of the Association of German Landscape Architects work according to the agreed rules of the association and the Chamber of Architects. And that means: members of the bdla and the chambers of architects are not allowed to participate in procedures that do not conform to the rules. Although not all indications can stand up to closer scrutiny, the current increase in complaints is nevertheless worrying.

On the part of the clients it concerns for example the inquiry of proofs to the qualification and to project examples, demanded achievements with multiple orders, to remunerations, problematic order promises, the rules undermining information politics and extraordinary demands in the course of the negotiations. On the part of the contractors it concerns in particular offers, which undercut the given rates of the HOAI in an inadmissible way and arrangements in the negotiations which do not conform to the rules.

The executive committee therefore urgently appeals to all members to fulfil their obligations for the exercise of our activity, which they entered into with their membership of the bdla and their registration with the Chamber of Architects. We remind both of the compliance with the membership rules (§10 and §13) and the statutes of the bdla (§3f), furthermore the relevant rules of the Bavarian Chamber of Architects and the RPW 2013, the GBW and the VgV. Procedures and conduct that do not comply with the rules are - depending on the circumstances - to be reported to the legal advisors of the chambers of architects.

In the interest of all members, the Board is obliged and willing, in order to ensure fair procedures and to protect the ethics and economic foundations of our profession, to demand compliance with the Rules and Regulations and, if necessary, to take appropriate action.

With collegial greetings

The executive committee of the bdla - regional association Bavaria

Marion Linke, Ingrid Schegk, Kajetan Winzer Christoph Benoist, Tilman Latz, Dietmar Narr, Norman Riede

February 2018

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