BIM in Polish Public Tenders—Analysis of Selected Tender …
183
The experience of other countries when implementing BIM technology indicates
that one of the ways to use it in public tenders may be through the statutory obligation
for designers and work contractors to use this technology [7]. It should be remembered, however, that the obligatory adoption of BIM technology when implementing
an investment in the public sector requires a change in existing practices and existing
guidelines regarding the preparation and conduct of tender procedures [8, 9]. The
adaptation of the currently applicable provisions in the field of the Public Procurement Law, the development of BIM standards, the conducting of pilot projects, as
well as the creating of support for awarding entities and contractors are also important
[10].
A milestone in the introduction of BIM technology in Polish public procurement was the amendment to the Public Procurement Law from 2016 [11]. In the
amendment to the Act, in Article 10, point e, the following provision was introduced: “in the case of procurement for construction works or design contests, the
awarding authority may require the use of electronic modelling tools for building
data, or other similar tools”. This provision is in line with the requirements of Directive 2014/24/EU of the European Parliament and Council from February 26, 2014
regarding public procurement, which repealed Directive 2001/18/EC, and which in
Article 22, point 4 permits the use of electronic modelling tools—“for public works
contracts and design contests, Member States may require the use of specific electronic tools, such as building information electronic modelling tools or similar” [12].
The latest Public Procurement Law from September, 2019, which according to [13]
will enter into force on January 1, 2021, modified the above provision and expanded
the scope of relevant tools—Article 69, point 1: “in the case of procurement for
construction works or design contests, awarding entities may require the preparation
and submitting of offers or contest entries using electronic building modelling tools
or other similar tools that are not generally available.” [14].
It should be emphasized that national regulations, which have been in force for
several years, allow the use of BIM technologies by contracting authorities for the
implementation of investments related to the execution of construction works. The
best example confirming this possibility can be seen to be already completed or ongoing public investments that use BIM technology, some of which are presented later
in the article. However, special attention should be paid to the technical aspect of the
implementation of construction investments based on this technology. Not without
significance is the awareness of contracting entities and their adequate preparation
for the implementation of such an investment project, and also the development of
correct tender documentation—including the specification of the essential terms of
the contract (the so-called SETC).
When developing the Specification of the Essential Terms of the Contract (SETC)
for a given project, the implementation of which is to be based on BIM technology
(at the design and/or execution stage), it is important for the contracting authority
to precisely specify the requirements for the future contractor in terms of BIM technology. For this purpose, Employer’s Information Requirements (EIR) should be
developed [15]. Typical information requirements of the contracting authority consist
of:
183
The experience of other countries when implementing BIM technology indicates
that one of the ways to use it in public tenders may be through the statutory obligation
for designers and work contractors to use this technology [7]. It should be remembered, however, that the obligatory adoption of BIM technology when implementing
an investment in the public sector requires a change in existing practices and existing
guidelines regarding the preparation and conduct of tender procedures [8, 9]. The
adaptation of the currently applicable provisions in the field of the Public Procurement Law, the development of BIM standards, the conducting of pilot projects, as
well as the creating of support for awarding entities and contractors are also important
[10].
A milestone in the introduction of BIM technology in Polish public procurement was the amendment to the Public Procurement Law from 2016 [11]. In the
amendment to the Act, in Article 10, point e, the following provision was introduced: “in the case of procurement for construction works or design contests, the
awarding authority may require the use of electronic modelling tools for building
data, or other similar tools”. This provision is in line with the requirements of Directive 2014/24/EU of the European Parliament and Council from February 26, 2014
regarding public procurement, which repealed Directive 2001/18/EC, and which in
Article 22, point 4 permits the use of electronic modelling tools—“for public works
contracts and design contests, Member States may require the use of specific electronic tools, such as building information electronic modelling tools or similar” [12].
The latest Public Procurement Law from September, 2019, which according to [13]
will enter into force on January 1, 2021, modified the above provision and expanded
the scope of relevant tools—Article 69, point 1: “in the case of procurement for
construction works or design contests, awarding entities may require the preparation
and submitting of offers or contest entries using electronic building modelling tools
or other similar tools that are not generally available.” [14].
It should be emphasized that national regulations, which have been in force for
several years, allow the use of BIM technologies by contracting authorities for the
implementation of investments related to the execution of construction works. The
best example confirming this possibility can be seen to be already completed or ongoing public investments that use BIM technology, some of which are presented later
in the article. However, special attention should be paid to the technical aspect of the
implementation of construction investments based on this technology. Not without
significance is the awareness of contracting entities and their adequate preparation
for the implementation of such an investment project, and also the development of
correct tender documentation—including the specification of the essential terms of
the contract (the so-called SETC).
When developing the Specification of the Essential Terms of the Contract (SETC)
for a given project, the implementation of which is to be based on BIM technology
(at the design and/or execution stage), it is important for the contracting authority
to precisely specify the requirements for the future contractor in terms of BIM technology. For this purpose, Employer’s Information Requirements (EIR) should be
developed [15]. Typical information requirements of the contracting authority consist
of: