Tendering, awarding and billing

from Wikipedia, the free encyclopedia

Tendering, awarding of contracts and billing ( AVA ) are the central keywords in the construction industry when a scope of services is described, executing contractors are commissioned after negotiations and services are billed after construction. These key words are used to describe the essential services of property and specialist planning in service phases 6, 7 and 8 according to the fee schedule for architects and engineers .

Framework

In Germany, the starting point of government procurement is budget law . This obliges public building contractors to act as trustees of the taxpayers' money according to the principle of economy and thrift. One consequence of this, is that the public sector undertakes construction services, pursuant to the provisions of the public procurement and construction contract procedures (VOB) Part A to be awarded and the resulting construction contracts, the VOB / B (and thus automatically also the VOB / C) basis to lay. Private clients can use the VOB, but do not have to. The VOB is a balanced procurement law , which neither side (client and recipient) prefers. If the private client decides to tender and execute construction services independently of the VOB, only the principles of the BGB apply . The principles for awarding and processing public building contracts are drawn up and further developed by the German Award and Contract Committee for Building Services (DVA). In addition to the careful use of budget funds in the procurement of material resources for the fulfillment of state tasks, public procurement law is intended to ensure free and fair competition. They also have a protective function against the liberal professions and medium-sized companies.

Unit price contract

As a result of the protective function against medium-sized companies, it is preferable to award contracts to only one contractor (general contractor) separately for individual trades using separate service specifications . For the tender with the aim of a unit price contract, the required services contained in the service description are sensibly structured, usually according to the cost groups of DIN 276 and described in as much detail as possible in item texts. Templates for the standardized, technical specification of construction works can be found in the standard performance book (StLB). LVs structured in this way lead to comparable offers and free competition through equal opportunities for the bidders.

The award procedure is described in detail in VOB Part A. The most economical offer is awarded the contract. During construction, the unit price contract or the underlying specification can be adapted to the actual development of the client's specifications. Items are added to the LV through supplements. In the case of unit price contracts, the services provided are billed on the basis of a survey. After the construction work, an exact and therefore fair picture of the services provided and to be remunerated is obtained.

Functional description of services

In Part 1 of VDI 6026, Section 4.3 Draft planning describes two variants. In the "normal running" variant, it is assumed that a refinement is worked out on the basis of the rough measurement from the preliminary planning , but ultimately the final measurement is only carried out by the same specialist planner in the implementation planning . In the "ending here" variant, the draft plan serves as the basis for commissioning the construction company. The contract with the construction company then also provides for the creation of the implementation planning. With this variant, the planner creates a functional performance description (FLB) (cf. § 7c VOB / A) after the approval of the draft planning by the client . A FLB generally consists of a service program, the building description, technical explanations, drawings and, if applicable, other relevant documents. The service program describes the technical, economic, design and function-related requirements of the building to be constructed. Quantities, however, do not necessarily belong to an FLB. A FLB with the aim of binding a general contractor refers to the entire structure to be constructed. But FLBs for individual parts of a building project or individual services in a renovation are not uncommon. The award of the service differs from that in the case of unit price contracts in that, with FLB offers, only the requested sums of the individual bidders, but not the prices of each item, can be compared. This difference is then also reflected in the billing of the construction work.

AVA software

AVA software depicts the process of tendering, awarding and billing in terms of data technology and can therefore be seen as an electronic aid for the corresponding processing phases in the AVA areas. Such software is mainly used in the construction sector for unit price agreements. With AVA programs, service items and precursors of a tender are created and structured in a structured manner. The items created in this way can be provided with the offer prices of the various bidders in the award process and compared in a price comparison. This comparison is used after a precise cost assessment to clarify the offers ( § 15 VOB / A) and to determine the potential contractor.

Masses (precursors) can be determined from CAD data or taken over from CAD programs. Service specifications can be created manually or with position texts from databases. Position texts are managed in databases, position texts prepared by third-party providers can be integrated.

The process between planner and provider is mapped electronically (paperless) using GAEB data exchange. A distinction must be made between the formats GAEB90, GAEB2000 and GAEBXML. The latter is now widespread and not only found in AVA programs. However, the exchange is not always smoothly possible despite the standardized XML schema. It is therefore particularly recommended that the relevant programs have a valid GAEB certificate.

In the context of “ Building Information Modeling ” (BIM), there is an even more extensive integration of CAD planning and AVA processes.

literature

  • Manfred Puche: AVA practice: tendering - awarding - accounting (building) . Beuth, 2015, ISBN 978-3-410-24885-9 .
  • Wolfgang Rösel, Antonius Busch: AVA manual: tendering - awarding - accounting . Springer, 2016, ISBN 978-3-658-15052-5 .

Individual evidence

  1. ↑ § 6 Abs. 1 HGrG
  2. ↑ Construction contract award. Federal Ministry of the Interior, Building and Home Affairs, accessed on February 6, 2020 .
  3. ^ Frister, Anne-Christin: De-juridification and simplification of procurement law . In: VergabeR . Issue 2a, January 1, 2011, p. 295 .
  4. ↑ Kalusche, Wolfdietrich: Project management for builders and planners . 4th edition. Walter de Gruyter, Berlin 2016, ISBN 978-3-11-044499-5 .
  5. ↑ § 16 Paragraph 6 No. 3 VOB / A
  6. ↑ § 1 Paragraph 3 VOB / B
  7. ↑ § 14 VOB / B
  8. ↑ Volkmar Agthe, Stefan Löchner, Steffen Schmitt: Intelligent allocation strategies for large projects . 1st edition. Springer, Wiesbaden 2016, ISBN 978-3-658-16152-1 , pp. 16 .
  9. ↑ functional description of services. In: www.bauprofessor.de. f: data GmbH, accessed on February 7, 2020 .