In order to optimize services to be provided and with the objective of cost-saving, the district of Herford awarded a portion of real estate management tasks (building maintenance and investment management) to a private partner. As far as building maintenance of the district-owned properties is concerned, the winning bidder will assume responsibility for planning, performing, and reviewing the maintenance measures in the scope of a fixed annual budget. In addition, new investment measures (renovations, building modifications, new construction) will be prepared and managed by the winning bidder (project management and project controlling).
The selected type of a negotiation procedure with prior European-wide call for competition was the suitable and permissible type of procedure in order to gauge, in the framework of given objectives and premises of the contracting authority, the bidders' know-how and idea potentials to implement the project in a manner that is as economic as possible.
The order volume for the building maintenance and management services lies in the double-digit million range. The contract was awarded without review procedure.
We designed the negotiation procedure, participated in the competition, drafted the contracts, led the negotiations through several rounds and provided advice on the process up to the awarding of the contract to the winning bidder.
Project responsible lawyers
Dr. Daniela Hattenhauer, Frankfurt am Main
Kirstin van de Sande, Düsseldorf