A Candidate may only submit one application for participation per contract.
Please note! Each member of a Partnership shall be considered to be a Candidate.
Therefore, a member of a Partnership cannot be part of any other Partnership that is a Candidate for this contract!
Each Application for Participation must be submitted by 11 am at the latest on 26 January 2023 on the electronic e-Tendering platform. Late Applications for Participation will not be accepted.
An Application for Participation must be submitted by uploading all documents through the e-Tendering digital platform. All Candidates are strongly advised to test the submission process through e-Tendering in advance. For that purpose, e-Tendering has set up a demo environment:
When submitting the Application for Participation form electronically, the submission report must bear a qualified signature. Only persons with the appropriate signing authority can validly sign the Application for Participation.
At the time of uploading the Application for Participation to the electronic platforms, the entire application should be given an overall electronic signature manner on the submission report. In other words, there is no need to sign all documents that constitute the Application for Participation separately/individually, apart from the Application for Participation form (Annex 1).
Please note! The person providing the overall electronic signature for the submission report must have the appropriate authorizations to apply in the name and on behalf of the other members of the Partnership. In the absence of valid authorizations, the Candidate will be refused.
Please note! If the submission report is signed by means of a certificate and this certificate is not in the name of the partnership, the managing director, CEO, or the authorized representative of each of the members of the partnership must grant a valid authorization to the person in whose name the certificate has been issued.
The authorized representative must clearly state the name(s) of the person(s) issuing the authorization. The authorized representative shall include the electronically authenticated or private instrument proving their authorization or a scan of a copy of the authorizing document.
Please note! An authorization cannot be given retrospectively and must, therefore, be provided when the Application for Participation is submitted!
We advise you to check in good time whether you have the required certificates or e-Token to sign the Application for Participation via e-Tendering More information about purchasing a qualified certificate is available on http://www.bestuurszaken.be/gekwalificeerde-certificatenhttp://overheid.vlaanderen.be/gekwalificeerde-certificaten
Visit https://www.publicprocurement.be/en/how-sign-submission-report to find out how a signature works.
In case of problems, please phone the e-Procurement helpdesk on +32(0)2 740 80 00.
Note: for foreign companies, the certificate should not be in the name of the legal entity. After all, according to EU Regulation No. 910/2014 (eIDAS Regulation), this cannot produce a binding electronic signature of the Application for Participation. By contrast, this is the case for legal entities established in Belgium, pursuant to Article XII.25(3) of the Code of Economic Law.
The Application for Participation form (annex 1) has been appended to the Selection Guidelines (op het woord Selection Guidelines zouden ze moeten kunnen klikken en dan direct worden verwezen naar subpagina Documents). The Candidate must complete this document and provide all the details to be able to apply.
If the Candidate does not do so on the attached form (Annex 1) but in a separate document, they will bear full responsibility for the documents used corresponding exactly to the relevant form.
The Candidate must provide all the information below for each of the members of the Partnership (op het woord samenwerkingsverband zouden ze moeten kunnen klikken en dan direct worden verwezen naar subpagina “Concerned Parties) on this form, including:
Surname and first name or business name and legal form:
In addition, the form must specify who represents this Partnership.
The procedure applied is for a competitive procedure with negotiation, which consists of two consecutive phases:
Interested parties can submit an Application for Participation based on the Selection Guidelines.
The Selection Guidelines are used to check whether the Candidates that register are not in a situation that would exclude them from participation and that they meet the qualitative selection criteria as set out in the guidelines. Based on these Selection Guidelines, the number of selected Candidates that will be admitted and asked to submit a project proposal shall be limited to at least three (3) and no more than five (5), and this insofar as a sufficient number of Candidates can be found who are not excluded by any of the Exclusion Grounds and who meet the qualitative selection criteria.
If more than five Candidates meet the set criteria, the Contracting Authority shall narrow the selection based on further selection criteria, as set out in the Selection Guidelines. In so doing, Candidates can be assured that they will compete against a limited number of equally qualified agencies. Only these (maximum) five Candidates (hereinafter referred to as “Tenderers”) shall be included in the further procedure insofar as there is a sufficient number of suitable Candidates.
At the start of the award phase, the Tenderers shall receive the specifications and the related assignment documents.
The award phase shall be subdivided into three consecutive phases, to enable Candidates to further develop their project proposals and align them with the project definition.
In the first phase, Tenderers will be asked to develop a design, based on the specifications, the assignment documents, and the project definition.
The jury will then evaluate these designs based on the selection criteria and their weighting as determined in the Selection Guidelines and will establish a ranking.
After this first evaluation against the selection criteria, only the first three (3) ranked tenders, hereinafter referred to as “Laureates”, will be included in the further procedure.
Only those Tenderers that obtain a sufficient minimum total score (50%) and that are not excluded from the procedure are eligible for retention as a Laureate.
In a second phase, each of the Laureates will be invited to present their design individually to the jury. The purpose of this meeting is to offer jury members an opportunity to ask questions and share feedback.
In a third phase, the Laureates will be asked to further tailor their design and develop a detailed competition design, taking the jury’s remarks into account.
The jury will then evaluate these detailed designs based on the selection criteria and their weighting as determined in the Selection Guidelines.
Based on the jury’s evaluation and the ranking of the detailed designs of the Laureates, the Contracting Authority can decide on a discretionary basis whether any of the following steps is appropriate:
The Contracting Authority reserves the right to award the contract based on the initial designs of the Laureates without negotiations.
The Tenderers are thus advised to bear in mind, when creating their (initial) design, that this may not necessarily be followed by a round of negotiations. They should thus submit “their best design” at this stage.
The Candidate may not be in one of the situations referred to in Articles 67 to 69 of the Public Procurement Act, as stipulated in Annex 4 of the Selection Guidelines.
This relates to the mandatory Exclusion Grounds, the Exclusion Grounds relating to non-payment of tax or social security contributions, and the optional Exclusion Grounds.
If a mandatory or optional Exclusion Ground applies to the Candidate, the Candidate may prove on its own initiative that the corrective measures it has taken are sufficient to demonstrate its reliability despite the applicable Exclusion Ground.
If the Contracting Authority deems this evidence to be sufficient, the Candidate will not be excluded from the tendering procedure.
The Candidate must substantiate any corrective actions by appending written documents to its Application for Participation or must submit these on its own initiative to the Contracting Authority.
The Candidate shall be responsible for submitting the written documents that demonstrate the corrective measures taken in a timely manner.
The Contracting Authority shall use the Telemarc application (Digiflow) for Belgian companies to check the Candidate’s NSSO certificate, the certificate of tax debts and the certificate of non-bankruptcy.
To ensure the smooth operation of the tendering procedure, foreign companies (Candidates/members of the Partnership) shall be required to also append the documents that the Contracting Authority can check for Belgian companies using the Telemarc applications to the Application for Participation, namely:
If a document or certificate is not issued in the country of origin or the document or certificate is not deemed sufficient proof for the Exclusion Grounds, a sworn declaration may be appended instead. In countries where this is not possible, a solemn declaration by the person concerned before a competent judicial or administrative authority, notary public, or competent professional body of the country of origin or the country where the company is established shall be deemed sufficient.
This provision applies separately to those Candidates who submit an Application for Partnership as a combination (Partnership) as well as to entities on whose capacity the Candidate relies for fulfilment of the selection criteria.
The Candidate shall submit a filled out European Single Procurement Document (ESPD) for each of the Concerned Parties and the members of the Partnership, which consists of an updated own declaration, to be accepted as provisional proof by the Contracting Authority, as a substitute for the documents or certificates issued by government institutions or third parties that confirm that the enterprise fulfils all the conditions set out below:
The European Single Procurement Document (ESPD) is a self-declaration that the Candidate should submit for each member of the Partnership (link naar subtab Concerned Parties). If the Candidate relies on the services of other entities, the ESPD should also include the information listed in respect of those entities.
The European Commission has defined the model. The ESPD Form is available exclusively in electronic form.
The Candidate should complete the relevant information for each member of the Partnership, as requested by the Contracting Authority.
If the Contracting Authority can obtain documentary evidence directly by consulting a freely accessible database, the ESPD document will only need to contain the information requested, such as the web address of the database, and if necessary, consent.
Moreover, the candidates will be asked to append the following documents:
If a document or certificate is not issued in the country of origin or the document or certificate is not deemed sufficient proof for all the Exclusion Grounds, a sworn declaration may be appended instead. In countries where this is not possible, a solemn declaration by the person concerned before a competent judicial or administrative authority, notary public, or competent professional body of the country of origin or the country where the enterprise is established shall be deemed sufficient.
The selection will be split into two parts.
In the first phase, the Contracting Authority shall verify whether Candidates (whose situation does not exclude them) fulfil the selection criteria for financial and economical suitability and meet the criteria for technical and professional proficiency.
A threshold shall be determined in the Selection Guidelines for each of these criteria, which Candidates wishing to be selected must achieve.
Below is a brief summary of these selection criteria:
A Candidate can be selected if the proof or supporting document has been correctly appended according to the modalities set out in the Selection Guidelines.
If, after the threshold check of the first phase, there are more Candidates than intended, a second selection will be organized in a second phase. This means that the number of Candidates selected in the first phase will be limited.
The Contracting Authority will limit the number of Candidates by comparing their Applications for Participation with each other in terms of relevant professional experience. The relevant professional experience will be checked against the relevance of the references and the quality of the references provided. The selection criteria are used in a different way in this phase: instead of imposing a threshold for selection, these criteria will be used to determine which Candidate meets the criteria best, taking into account the starting premises and expectations of the Contracting Authority. To facilitate this dual assessment, the Contracting Authority shall request the necessary information as set out in Article I.6.1 of the Selection Guidelines.
Below is a brief summary of these selection criteria and their weighting:
The relevance of the references, whereby the motivation of the relevance is considered (40 out of 100 points).
The quality of the references, whereby the architectural/spatial quality is considered (60 out of 100 points).
The Contracting Authority shall take the following into account to determine architectural/spatial quality:
The evaluation of the relevance of the references and the quality of the references shall consist of an evaluation of the positive and/or negative elements in the Application for Participation.
Both criteria shall be graded according to the following evaluation method:
A ranking will be established based on the total points scored, with the first candidates (based on the selection restriction) being deemed most suitable. The Contracting Authority can use half points to indicate minor differences.
These Candidates shall be invited to submit a project proposal in the capacity of Tenderer. In the event of an ex aequo in determining the most suitable Candidates, Candidates with the same ranking shall be ranked according to their score for the quality of their references. In the event that the scores are still equal and there are more than five (5) Candidates at this stage, a draw shall be organized under a bailiff’s supervision.
This sectionrelates to the second phase of the award procedure, namely the evaluation ofthe project proposals and the award of the contract.
The Applicationsfor Participation will NOT be evaluated based on these criteria, but insteadbased on the qualitative selection criteria as set out in the SelectionGuidelines. In the second phase, the Tenderers receive the assignment documentsand will be invited to submit a project proposal.
The projectproposals (design and detailed competition design) shall be evaluated based onthe selection criteria and their weighting as set out in the SelectionGuidelines.
Below is a listof selection criteria to be applied:
Architectural preliminary study
Honorarium for the entire study assignment in accordance with the assignment documents to be specified and expressed as a %. This percentage will be applied to the total investment amount of the building and surrounding works.
Investment estimate of the project proposal to be prepared. In which the total investment cost (excluding VAT) is budgeted and the m2 price of the construction project is explained.
In the preparation and practical implementation of the appended project definition, the municipality has sought the help of technical advisors who have provided the necessary (additional) guidance and advice, as required from different perspectives, such as architectural-historical, construction, art and organization but also with regard to the composition of the jury. This team will continue to provide support and advice for the duration of this project.
The technical advisors are:
The municipal council will be assisted by a jury for the assessment of the application for participation and the project proposals.
If applicable, this jury will limit the number of candidates selected based on quality in the selection phase to a maximum of 5 candidates, namely the candidates whose relevant professional experience is ranked highest based on the criteria stated in the Selection Guidelines.
In the award phase, the jury will be responsible for assessing the proposals of the Tenderers and Laureates proposals, based on the award criteria and their weighting as determined in the Selection Guidelines. The jury is an advisory jury.
The jury for this project shall be composed of the following:
The aforementioned persons have been nominated as jury members or technical advisors. The definitive composition of the jury will be announced before the deadline for submission of requests.
The Contracting Authority undertakes to pay all the Tenderers (no more than five (5)), except for the contracted party, a fee of EUR 20,000.00 incl. VAT, in payment for the design and the urban planning vision.
Only those Tenderers who obtain the minimum total score of ‘sufficient’ (50%) as stipulated in Article 188.8.131.52 of the Selection Guidelines shall be eligible for this fee.
The Contracting Authority can decide at any time not to pay those Tenderers whose design and urban planning vision do not meet the minimal formal quality requirements set by said Contracting Authority.
The Contracting Authority undertakes to pay all the Laureates (no more than three (3)), except for the contracted party, a fee to the amount of EUR 40,000.00 incl. VAT (in addition to the payment already made, as stipulated above) in payment for the further development of the design into a definitive detailed competition design.
Only Laureates who obtain the minimum total score of ‘sufficient’ (50%) as stipulated in Article 184.108.40.206 of the Selection Guidelines shall be eligible for this fee. The Contracting Authority can decide at any time not to pay those Laureates whose proposal does not meet the minimal formal quality requirements set by said Contracting Authority.
The Contracting Authority has set an extremely high standard and is searching for a design team that has all the required disciplines to successfully complete this assignment.
In view of the distinct roles and liability, the Tenderers must register with a Partnership that shall consist at least of the following: a coordinator, an architect and a landscape designer. They shall be referred to jointly as ‘Concerned Parties’.
The coordinator shall be jointly and severally liable with respect to the Contracting Authority, together with the architect and the landscape architect.
The coordinator is the person responsible for the full coordination and direction of the assignment. The coordinator shall act as the point of contact for the Contracting Authority.
The coordinator is familiar with Belgian legislation. In addition to the full coordination of the project, he/she shall be responsible for applying for and submitting the required permits.
The coordinator shall always communicate in Dutch with the Contracting Authority. The coordinator shall be liable with respect to the Contracting Authority for the entire government contract in accordance with the Public Procurement Act, as supplemented by general contract and construction law. The coordinator shall be responsible for drawing up the implementation dossier, the supervision of the works, assistance with the acceptance, verification of the accounts, and drawing up the site reports.
The coordinator is also responsible for ensuring that the Contracting Authority receives the complete as-built and PID files (Postinterventiedossier/Post Intervention File).
The architect (or Partnership of architects) must be among the Concerned Parties. The architect shall rely on the services of a stability engineer, a technical engineer, an acoustics engineer, a sustainability engineer, a safety coordinator, and an EPB reporter, but shall remain solely responsible for the studies carried out by other engineering consultancies.
The architect must create his/her design independently and in accordance with all the legal provisions relating to the architectural profession as set out in the Act of 20 February 1939 on the title and protection of the architectural profession and according to best practices.
The design must also take into account the vision and urban planning regulations that apply to the plots of land involved.
The architect (or architects) is (are) liable with respect to the Contracting Authority, in accordance with the provisions of the Public Procurement Act. The 10-year liability of the Architect with respect to the Contracting Authority shall commence on the day of the provisional acceptance.
The Contracting Authority believes it is very important for the Casino building (Kursaal), the underground casino and the car park to be integrated in the surrounding spatial environment. That is why the Concerned Parties must include a landscape designer. The landscape designer shall develop a land usage plan for the site (including the underground car park) and a design for the outdoor space/public areas. The architect (architectural firm) can also act as a landscape designer insofar as the architect fulfils the selection criteria.
The Contracting Authority will specify in the contract notice or selection documents the language or languages in which Candidates may submit their Application for Participation.
The Application for Participation for this contract must be written in Dutch. References may be added in English.
The Contracting Authority may ask the Candidate for a translation of the annexes (references) that are in a language other than that of the contract notice.
Unless the document relating to the Exclusion Grounds is in one of the official languages of the Contracting Authority (Dutch, German and French), the Contracting Authority may also request a translation of the information and documents submitted for purposes of verifying the Exclusion Grounds, compliance with the applicable selection criteria or the rules limiting the number of candidates, articles of association, legal documents, and information.
If the Selection Guidelines are written in more than one language, the documents will be interpreted in the language of the Application for Participation, provided the Selection Guidelines are in that language.
List of documents to appended to the application (non-exhaustive list):
The Nellens group tasked Antwerp architects F. Dens, L. Stynen and R. Van Hoenacker with drawing up the plans for the casino. The specifications called for a surface area of 6,000 m2, with costs estimated (in 1930) at €25,000. The casino was built in record time (about five months) and opened its doors in July 1930. Léon Stynen (1889 - 1990) built a transparent, bright and understated building with extensive glazing, a symmetrical façade and a tower. In Stynen's original concept, there was a great deal of emphasis on keeping the building in touch with the sea. This saw the large hall built on the seafront side, which became characteristic of the original building.
The modernist approach of removing the boundary between inside and out and giving the building maximum transparency was evident in the casino's design. The architect also attached great importance to the new aesthetic of visual purity, featuring interlocking building blocks intended to create a certain harmonic balance.
The original building has already endured a lot. First came the war and the destruction it brought. Germans occupied the casino, theWehrmacht sought entertainment there, beached sea mines exploded,the casino was disguised as a bunker with a wooden cannon and was heavily shelled during the liberation. Modernisation works in the1950s and 1970s did the rest, renovating the building inside and out.
The casino continued to open for four months a year, with visitors mostly staying in hotels. The casino floor, performances by important artists (including Ray Ventura, Josephine Baker, Arthur Rubinstein and Maurice Chevalier), balls, daily concerts by both small andlarge symphonic orchestras all served to provide the many visitors with suitable entertainment prior to the Second World War.
After the Second World War, under the dynamic leadership of Gustave Nellens, the casino would go on to become a real ‘templeof culture’ for the Flemish coast. Major summer exhibitions, featuring the likes of Picasso, Matisse, Ernst, Dali, Buffet, Chagall, Magritte, Zadkine, Fini, Miro, along with performances by renowned artists including Duke Ellington, Frank Sinatra, Ava Gardner,Django Reinhardt, Georges Brassens, Maurice Béjart, Edith Piaf, Nat King Cole, Paul Anka, Jacques Brel and Ray Charles, provided high-profile events that really helped put Knokke on the map. In 1953, René Magritte was commissioned to create a gigantic mural for the ovale zaal (‘oval room’). He came up with Het betoverde rijk ('The Enchanted Domain'), a panorama 72 metres long and four metres high, in which he aptly revisits some of his best-known subjects. At the centre of the kroonluchterhal (‘chandelier room’),we find the seven-tonne chandelier made of Murano crystal.
From 1964, the Knokke casino, the first of its kind on the Flemish coast, started promoting winter tourism by organising what they called Kom op Adem (‘Take a Breather’) weekends, featuring shows, parades, and so on. Thanks to the casino's initiative, tourists gradually started visiting the seaside town allyear round. Over the past decade, the casino has developed a reputation as a centre for gastronomic indulgence and exceptional summer exhibitions, featuring prominent artists thelikes of K. Haring, Niki de Saint-Phalle, Botero and Frank Stella
Questions or comments can only be sent by e-mail to the contact person as stated in the Tender Documents.
Only questions or comments that have a general scope and that may lead to further clarification of the provisions of the Selection Guide will be answered by the Contracting Authority.
Questions or comments that merely clarify or obtain additional information or suggest the correction of an inaccuracy, that would imply a certain consultation or negotiation regarding certain parts/conditions of the selection guideline, or that could in any other way undermine the equality of interested parties, will not be answered.
This explanatory memorandum will be an integral part of the Tender Documents.
Can youprovide us with a timetable for the project?
Can you give us more information on the estimated total size (in m2) of the project(the building)?
Do you have information on the total budget for the project?
The estimate is part of the competition, more specifically it concerns an award criteria regarding the Financial Feasibility.
Indeed, the tenderer is asked to prepare an investment estimate of the project proposal.
Whereby the tenderer estimates the total investment cost (excl. VAT) for the realization of the client’s project and explains the m² price of the construction project.
The contracting authority will assess this investment estimate for accuracy, reliability and conformity with the client's ambitions and expectations as formulated in the contract documents.
Under the qualitative selection criteria, it is requested that proof of financial and economic standing be provided for each Obligated Party involved according to certain criteria.
I wondered whether, in the case of a temporary partnership the figures of the various parties may be added together or whether they must be proven separately for each underlying party?
The financial ratios must be provided for the last three financial years. Xxx has only one annual report for xxx as the company was recently established. In this case, can we not meet the criteria or is it sufficient to submit the figures for this financial year?
In a temporary partnership, all partners are jointly and severally liable for the entirety of the commitments assumed by the partnership. Insofar as the agreement establishing the partnership adequately determines the contribution of the references, technical and organizational capacity required in the selection board, the financial and economic capacity of the partners may be invoked pursuant to this joint and several liability.
In order to assess the financial strength of the partnership, the financial ratios per partner are added to the application for participation. Of course, if a partner has filed less than three annual accounts in the partnership, this company will only provide the requested financial ratios for the relevant years and the other partners, each as far as they are concerned, must, insofar as they have submitted several annual accounts, submit the ratios for the provide the last three annual accounts filed with the national bank or comparable foreign institution.
The financial strength of the partnership is evaluated globally and this on the basis of all assessment elements stated in the Selection Guideline.
I would like to inquire about this procedure whether a member of the Compulsory Involved Parties must be exclusively part of 1 team and must co-sign the registration.
Our agency usually acts as a subcontractor for various teams in accordance with public procurement legislation. In view of the wording in the selection guide, it is not entirely clear to us whether this is permitted.
This is indeed the case: a Mandatory Involved Party is a party that is essential in the assessment of requests for participate and can only be a member of a request to participate.
The selection guide provides the following :
A member of the Compulsory Involved Parties (Coordinator, Architect and Landscape Designer) can only be part of 1 team. Members of a temporary trading company who put themselves forward as a candidate can also only be part of that team. For example: if 2 architectural firms (A&B) are part of a temporary commercial partnership and apply, then architectural firm A cannot be part of another temporary commercial partnership that applies.
If the Candidate is a Partnership, the Application for Participation (Appendix 1) will be signed by all its members, who will be obliged to commit themselves jointly and severally to the contracting authority and to designate which of them will be responsible for the association or to represent the company vis-à-vis the contracting authority as a central point of contact.
A copy of the most recent applicable articles of association and the most recent applicable resolutions of appointment, as published in the Belgian Official Gazette (or an equivalent European publication), demonstrating the authority of the signatory(s) of the Candidate (and of all members of the Partnership).
With regard to consultants and engineering firms, the tenderer is asked to state the name of the consultants/engineering firms with whom the candidate intends to cooperate. These consultants/engineering offices should not be part of the Compulsory Involved Parties and should not co-sign the tender.
The specifications state that financial and economic capacity must be added for each of the Obligated Parties involved.
Do you need all the data from both parties of the temporary association or is it enough if you have data from xxx proving financial and economic standing (3 financial statements, bank statement and positive financial ratios)?
- If you need it from both parties. Is it enough to submit 1 year's financial statements, a bank statement and positive financial ratio of 1 year if the agency has only 1 accounting year left?
See also answer question 4. Data from all parties are requested. If in the partnership a partner has filed fewer than three annual accounts, this company shall provide the requested financial ratios for the years in question only, and the other partners, each as far as they have filed more than one annual account, shall provide the ratios for the last three annual accounts filed with the national bank or comparable foreign institution.
Article 220.127.116.11 Technical and Professional Quality of the Candidate mentions both 'Other members of the Partnership' and 'Consultants and Study Agencies'. What is the distinction between the two?
The partnership with which the Tenderer submits should consist of at least the Mandatory Involved Parties listed in Article 1.2 in the Selection Guidelines. In addition to these Mandatory Involved Parties (the coordinator, architect and landscape designer), the tenderer may form a partnership with further parties (e.g. heritage expert, event specialist, ect...)
The architect (or a Collaboration of Architects) who is part of the Obligated Parties may call upon external advisors and engineering firms such as a stability engineer, a technical engineer, an acoustics engineer, a sustainability engineer, a safety coordinator, an EPB reporter.
The distinction between the two concerns the submission of documents: For each of the Compulsory Involved Parties comprising the Candidate, it must be shown that they have effectively subscribed to a commitment to perform the contract (participation in e.g. company or partnership (possibly in formation), commitment to subcontract, ...); a UEA is submitted for this Party or Parties and all additional documents requested under Section 1.5.1 of the Selection Guidelines must be added. Also, for each Obligated Involved Party, all supporting documents demonstrating competence (financial, economic, technical and professional quality) should be attached.
This does not apply to the other parties that will be cooperating, unless it is a party whose capacity is to be called upon and which is not part of the Obligated Parties. Here, it suffices to mention these members, specifying the expertise for which they will be used and their place in the organisation chart of the proposed team. If these parties are not yet known at the time of the request for participation, the Candidate must indicate the consultants/study firms with whom he intends to work.
Article 1.2.2 The Architect mentions several disciplines. Should these disciplines be listed as 'other members of the partnership' i.e. as designated subcontractors of the candidate, if they are not performed by the candidate himself? Or can they be listed as 'consultants and study firms'?
''The Architect employs a stability engineer, engineering techniques engineer, an acoustics engineer, a sustainability engineer, a safety coordinator, an EPB reporter, but remains solely liable for the studies carried out by other engineering firms.''
See also answer to question 7. These disciplines should not be compulsorily included as designated subcontractors and can be listed as consultants and engineering firms.
If the aspects safety coordinator and EPB reporter are to be included as 'other members of the partnership' and therefore as designated subcontractors. Can an exception be made to the exclusivity of participation regarding these two disciplines?
See also answer to questions 7 & 8. These disciplines should not be compulsorily included as designated subcontractors and can be listed as consultants and engineering firms.
There are 3 mandatory parties involved (Coordinator / Architect / Landscape Designer) article 1.2.3. The Landscape Designer explicitly mentions that the Architect can also act as Landscape Designer. However, can the Architect also act as Coordinator? (Seen not explicitly mentioned in article 1.2.1 The Coordinator) Or can the 3 disciplines be observed by the same (temporary or otherwise) company (consisting of at least 1 architect)?
"The Architect (architectural firm) may also act itself as Landscape Designer to the extent the Architect meets the selection criteria."
The architect may also act as coordinator if he meets the requested selection criteria regarding the coordinator. The 3 disciplines can be handled by the same company (temporary or otherwise) or another partnership.
I read the dossier for the "International Architecture Competition Project Zone Casino" with great interest. Barring a mistake on my part, I did not see any mention of the predetermined construction budget. Can you give me clarification on that?
See answer question 3.
While going through the selection guidelines and project definition for the "international architecture competition project zone Casino Knokke-Heist", we and our interested international partner had the following questions:
1. Scheduled timing for drafting: The invitation to tender is scheduled to be issued around 6 March 2023. The final submission date for the sketch design was currently scheduled for 11 May 2023.
The given timing is purely indicative and not binding.
2. The intended timing of contract execution after award is:
The given timing is purely indicative and not binding.
3. Correct. The assignment is indeed more than just designing the renovation of the Kursaal but also involves the redesign of the entire project area as set out in the project definition. The brief includes:
4. Not yet available
5. See answer question 3
In response to the answer to question 5: I understand from this that:
we should be mentioned by the architect as a consultant/design office, and we are allowed to do this with several teams, because we are not otherwise included in the assessment
hat is correct see also answer to question 7.
Does the architect (i.e. the lead applicant) have to have an in-house associate registered with the Belgian Architects' Association or can we work with a local Belgian firm to meet this requirement?
-Would a British architectural firm be eligible to enter this competition?
An in-house associate registered with the Belgian Architects' Association is not necessary when submitting the application for participation, however, the architect must have the necessary titles to practise the profession of architect. The architect attaches a certificate of registration with the Order of Architects or for architects from other EU member states or non-European countries, it must be demonstrated that the architect is authorised to practise the profession of architect in the member state or country concerned.
When the assignment is effectively carried out, the architect from another EU member state or non-EU country must apply for registration or authorisation from the Belgian Architects' Association and be included on the list of service providers or on the tableau.
Regarding the architectural competition project zone Casino, I was happy to inquire about the requested form of cooperation between the obligatory parties involved.
Should these three parties form a legal entity (temporary partnership) or is this not mandatory for this assignment?
The partnership that the Candidate adopts is in principle undetermined and depends on the degree of involvement between the parties. Insofar as only one of the Obligated Involved Parties is a Candidate, it will have to subcontract the other Obligated Involved Parties and where, in addition to the UEA, an actual commitment of (exclusive) subcontracting must be attached to the Application for Participation.
After all, all Obligated Parties must be part of the Candidate and cannot be part of other Applications for Participation. Naturally, the Obligated Parties can also unite in accordance with the relevant legislation under a (temporary) company or partnership. In any event, the Request for Participation must unambiguously show that all the obligated parties have committed themselves exclusively to the performance of the assignment.
We read that you have an ambitious project in mind. As a design team, we have experience with similar architectural competitions. However, this experience tells us that for such procedures our investment is a multiple of the competition fee of €20,000.00 or €40,000.00 proposed in your selection guide.
Can you please justify what these amounts are based on? Are the deliverables for "sketch design" or "competition design" already known today? Are the deliverables strictly limited? Is there still a possibility to increase these amounts? Is the production of architectural images and/or presentation models reimbursed separately? Is the competition fee for laureates cumulative (€20,000+€40,0000)?
At the start of the Award Phase, see Article 18.104.22.168 in the Selection Guidelines, the Tenderers will receive the specifications and associated Contract Documents.
In the first phase, these Tenderers will be asked to develop a sketch design based on those specifications, the Assignment Documents and the project definition. The Jury will then assess these sketch designs on the basis of the award criteria and their weighting as stipulated in the present Selection Guidelines and draw up a ranking list of these.
The Contracting Authority undertakes to pay these Tenderers (maximum 5), excluding the winner, a fee of 20,000.00 euro including VAT as remuneration for this sketch design and the urban development vision. Only those Tenderers who achieve a minimum overall score of sufficient (50%) will be eligible for this fee.
After this initial assessment against the award criteria, only the first three (3) ranked Bids hereafter called "Laureates" will be included in the further procedure.
At a later stage, these Laureates will be asked to further develop the sketch design, taking into account the comments made by the jury, into a fully developed competition design. The jury will then assess these elaborated designs on the basis of the award criteria and their weighting as stipulated in the present Selection Guidelines.
The Contracting Authority undertakes to pay the Laureates, excluding the winner, an additional fee of 40,000.00 euro including VAT. Only the Laureates who achieve a minimum overall score of satisfactory (50%) will be eligible for this compensation.
Thus, the Laureates, with the exception of the final winner, if they obtain a total score of sufficient, will receive a total compensation of 60,000 EUR incl. VAT (20,000 for the sketch design and urban development vision & 40,000 for the complete elaborated sketch design.
The winner will be remunerated on the basis of the fee specified in his bid and also awarded in accordance with the Contract Documents. This percentage will be applied to the total investment amount of the building and surrounding works.
The fees were determined in coordination with the technical consultants and the Contracting Authority. The Contracting Authority can always determine an additional fee for the Laureates at a later stage. However, this amount will not exceed 50% of the initial fee.
Regarding the candidacy for the architectural competition project zone casino Knokke-Heist.
Did we ask ourselves if for the candidacy we should already include an artist in our team for art integration?
Or will this be included at a later stage?
That choice is entirely at the Candidate's discretion, at this point in the competition it is requested that it is mandatory to enter with a Collaborative team consisting of at least a coordinator, an architect and a landscape designer. They are collectively referred to as "Mandatory Involved Parties" and must meet the Selection Criteria as included under Article 1.6 in the Selection Guidelines.
In our case, the obligated parties will form a Temporary Partnership.
The selection guide states the following:
"The Application for Participation must, at the time of uploading on the electronic platform, be signed in a global manner on the submission report.
In other words, it is not required to sign all the documents, forming part of the Application for Participation, separately/individually."
" If the Candidate is a Partnership, the Application for Participation (Annex 1) shall be signed by all its members, who will be obliged to commit themselves jointly and severally with respect to the Contracting Authority and to designate which of them will be in charge of representing the association or the partnership vis-à-vis the Contracting Authority as the central contact point."
- We will have the Attachment 1 signed by all members of the Temporary Partnership.
- The overall signature on the submission report by a mandated member of this Temporary Partnership by means of a proxy statement.
Can you agree to this?
Attachment 1 should indeed be signed by all members of the Partnership.
If the form application for participation is submitted electronically, the submission report must have a qualified signature. Only someone with the appropriate signing authority can validly sign the request for participation.
The application for participation must, at the time of uploading on the electronic platforms in a global manner be signed electronically on the submission report. The person who electronically signs the submission report in a global manner must have the necessary authorizations to apply in the name and on behalf of the other members of the partnership. In the absence of valid authorizations, the candidate will be excluded.
The proxy, shall clearly indicate his proxy or proxies. The proxy shall attach the electronic authentic or private deed evidencing his authority or a scan of the copy of his proxy.
References on preselection:
I assume that the 2 references provided under Relevant Professional Experience (max 2 A4 pages per reference) must be the same for the purpose of the preselection? The limit on the number of pages remains 2 with the same content?
So it is correct that the 2 references are only submitted once?
Indeed. A Candidate can only be selected when 2 references are submitted in accordance with the specified requirements and the Contracting Authority considers that the relevance of the references has been demonstrated. Proposing more than 2 reference projects is not allowed, as it complicates the comparability of the Candidates' submissions.
I visited the competition website...This is a very exciting project.We are a design firm from xxx with decades of relevant project experience.I downloaded the attachments for review...Are these files available in English?
For your enquiry, please refer to our website: https://architectuurwedstrijd.knokke-heist.be/en/home where some key elements of the selection guide are included in English. The project definition has also been made available in full in English. Other documents have not been offered or translated into English.
Barring an error, Attachments 1 to 3 were only attached in pdf format to the documents for candidature. Are these attachments also available as word documents?
The documents will be added to the publication via an erratum and made available in word document.
Our partner architect is of French nationality. May his administrative documents and references (relevant professional experience) be in French ?
With regard to your question, please refer to our website: http://architectuurwedstrijd.knokke-heist.be, where clarification is provided regarding the language of the request for participation and references.The request for participation for this contract should be drawn up in Dutch (Annex 1-3). If necessary, the Contracting Authority may request a translation of the written information, documentation and descriptions concerning the documentation and information submitted in a language other than Dutch in the context of the verification of the grounds for exclusion, compliance with the applicable selection criteria or with the rules limiting the number of candidates, articles of association, deeds and information.
Language of candidatureGiven the international nature of our team, both within the 'Obligatory Involved Parties' and the 'Other Members of the Partnership'/ 'Consultants and Study Agencies', we would have liked to know which documents are obligatory in Dutch and which can be submitted in English
/ reference sheet
/ agency/ team presentation
/ annual accounts
/ financial ratios
The request for participation for this contract should be drawn up in Dutch (Annex 1-3). If necessary, the Contracting Authority may request a translation of the written information, documentation and descriptions concerning the documentation and information submitted in a language other than Dutch that are submitted in the context of the verification of the grounds for exclusion, the fulfilment of the applicable selection criteria or the rules limiting the number of candidates, the articles of association, deeds and information.
How many pages should the reference note max be incl. visual material? Under '2 - Relevant professional experience' on p.19 of the selection guide, it is stated that the 'descriptive note may be up to 2 A4 pages AND also that 'the descriptive note concerns a written document that can be supplemented with illustrations, drawings, diagrams, ... '. Is it then correct to state that per reference project a textual note with the requested data, description and motivation may be max 2xA4 pages and can additionally be supplemented with graphic material without limitation in pages?
This is correct. However, the additional graphical material should relate to the relevant reference.Indeed, proposing more than 2 reference projects is not allowed, as it makes the comparability of the Candidate Proposals difficult.
From which profiles is a CV expected?
Does this refer to the design office as a whole or to individually proposed project leaders and design team members?
A presentation of the composition of the entire team that will carry out this assignment is requested, adding at least the CVs of all members of the Mandatory parties involved:
/ how should the following documents be supplied for the 'Obligated Parties'?
- Criminal record: only regarding the company or also the managers?
- Proof of registration of the Architects' Association: only with regard to the architects' company or also the individual registration of the architects concerned?
/ For 'Other members of the partnership'/ 'Consultants and Study Agencies', should the following administrative documents be provided?
- criminal record
- proof of professional insurance
Provision regarding the criminal record
This depends on the Cooperation. If the Compulsory Relevant Party is a legal entity, the extract from the criminal record applies to the relevant legal entity. To the extent that this extract in the name of the legal entity could not be delivered, it should be replaced by an extract from the criminal record of the person(s) who can bind the legal entity, i.e. of each director (NV, BV, CV) or of each partner/participant (partnership, VOF,...).
The provision applies individually to the Candidates submitting an application for participation together as a combination (Partnership), as well as to entities on whose capacities the Candidate appeals with a view to meeting the Selection Criteria.
Proof of registration Order of Architects
The Candidate shall enclose with its application for participation proof that at least 1 member of the design team is registered with the Order of Architects.
The Candidate shall submit a completed Uniform European Tender Document (UEA) for each of the Obligated Parties and the members of the Partnership.
The financial and economic standing (Article 67 RD Placement) for each of the Obligated Parties involved must be added to the application for participation and proven.
This is not yet necessary for the consultants and study bureaus with which it is intended to collaborate. See also question 7
Our team is structured as follows for the mandatory involved parties section:
These three parties work exclusively for this team and will provide all the necessary administrative documents.Is it permissible for the landscape architect and heritage architect to work as subcontractors to xxxxxxxx (architect and coordinator) in this case? When I read question 15, this seems to be the case but I still wanted to verify this with you.
This can be confirmed subject to the necessary commitments (exclusive commitment, UEA,...) . See also answer question 15.
I have gone through the explanatory notes thoroughly.
Unfortunately, there remains a doubt as to the documents required or not required for the study firms and consultants relied upon by the architects and hence I would like to address the following question for absolute certainty.
For the consultants, engineering firms, heritage specialists etc. who are not among the Obligated Parties Involved but on whom the architect will rely for the execution of the assignment and whom he will subcontract to the design team, according to the specifications and the notes of explanation, no attestation, declaration, UEA etc. should be added. The statement of their names is sufficient. Even then on the application form for participation ?
Also, there is no need to add subcontracting undertakings with these consultants, engineering firms etc. to the application file ?
Should the obligated parties include the names of these consultants and engineering firms in their UEA or is that also not necessary?
Indeed, for those consultants, study agencies, heritage specialists, etc. who are not among the Obligated Involved Parties or among the other members of the partnership, it is sufficient for the Candidate to state with whom he intends to cooperate in his Candidacy and he should not yet mention these names on the Tender Form (Appendix 1) It is, of course, permitted that commitments are already added. Each natural person or legal entity may, however, offer itself only once as a Tenderer or as an Obligated Involved Party.
We will be working with a xxxx architectural firm and landscape architect. We have asked them to forward us the following documents to complete our candidature.
Followed by this, we then need to complete annex 1 participation form, annex 2 bank statement, annex 3 financial ratio.
I assume that we as xxxx Architects complete and forward these or do the 2 other parties (xxx architectural firm and landscape architect) also have to complete and forward this separately?
All requested documents and attestations can be read in the selection guide. Annex 1, the tender form, where the Tenderer is a joint venture, must be signed by all members of the joint venture.
See also answer to question 18.
With regard to Annexes 2 and 3, please refer to Article 22.214.171.124 of the Selection Guidelines which clearly states that financial and economic standing must be demonstrated for each of the Obligated Parties.
Where an Obligated Involved Party is not a member of the partnership and therefore acts as a subcontractor to the Candidate then the commitment of subcontracting and the UEA will also need to be attached.
In the context of the call for applications for this architectural competition, we had the following question regarding the requirement for financial capacity:
In the selection guideline, all "compulsorily involved parties" are asked to demonstrate financial and economic capacity. In the case where several architectural firms unite (in a temporary partnership) as one party - "the architect" - must each of the individual members of the partnership meet the requirement? Or is it sufficient for one of the members (the member acting as the representative of the partnership) to meet the requirement, thereby ensuring the requested continuity?
See also answer to question 4: In a temporary partnership, all partners are jointly and severally liable for the entirety of the commitments entered into by the partnership. Insofar as the contract establishing the partnership adequately determines the contribution of the references, technical and organisational capacity required in the selection board, the financial and economic capacity of the partners may be invoked pursuant to this joint and several liability. To assess the financial standing of the partnership, the financial ratios for each partner will be attached to the application for participation. Of course, if in the partnership a partner has filed less than three annual accounts, this company only provides the requested financial ratios for the years in question and the other partners, each for their part, to the extent that they have filed more than one annual account, must provide the ratios for the last three annual accounts filed with the national bank or comparable foreign institution. The financial strength of the partnership is evaluated in globo and on the basis of all the assessment elements mentioned in the Selection Guide.
We had an additional question regarding the above application.
It concerns the extract of criminal record, here for foreign companies and not known to our co-candidate.
Our co-candidate proposes an attestation through ClearChecks for Employment Background Checks.
Can you confirm whether this attestation is satisfactory.
Would it be possible, if the option below is not satisfactory, to give some other options where foreign companies can go for this document.
See article 1.5.1 in the selection guide. A pull-out certificate from a comparable register no more than 6 months old is sufficient. The link you forward cannot be used to verify whether the attestation is satisfactory. If a certificate or document is not issued in the country concerned or does not adequately provide the necessary proof, a declaration under oath may be added as a replacement, or in countries where this is not provided for, a solemn declaration by the person concerned before a competent judicial or administrative authority, notary or competent professional body of the country of origin or the country where the entrepreneur is established.
"The Candidate shall attach to its Application for Participation two references not more than 10 years old of similar projects of similar magnitude and supra-local character.
The Candidate shall also attach a side note of up to 2 A4 pages from each reference project with at least.
Does this mean that we may attach a reference in its own layout and in addition (also) 2 A4 with a descriptive note/reference?
Or should the entire reference + descriptive note be 2 A4 pages?
See also question 24. Per reference project, the textual note with the requested data, description and motivation may be max 2xA4 pages and can be additionally supplemented with the necessary graphic material without limitation in pages. However, the additional graphic material must relate to the reference in question.
Proposing more than 2 reference projects is not allowed, as this complicates the comparability of the Candidate Submissions.
It is not clear to us whether all members of the compulsorily involved parties have to provide 2 references?
Or does this concern only the architect candidate?
No this does not apply to all members individually. A Candidate can only be selected when 2 references are submitted in accordance with the specified requirements and the Contracting Authority judges that the relevance of the references has been demonstrated. Proposing more than 2 reference projects (i.e. in total) is not permitted, as this complicates the comparability of the Candidates.