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Construction Advisory

Managing Director of CA-Bau GmbH informed the Advisory Board responsible for sewer construction on new legal reviews “of the Gutegemeinschaft sewer recommended and used by many municipalities formulations in canal construction tenders are procurement law largely inadmissible.” With this statement Gerhard Winkler informed the responsible for channel Construction Advisory about new legal reviews CEO of CA-Bau GmbH from Berlin, on September 29, 2012. He presented the final draft of the detailed legal opinion one of Germany’s leading procurement law firms for this purpose, the results of which will be presented in the next few days of the public. Background is that many municipalities in tenders only qualifications of RAL-Gutegemeinschaft Guteschutz accept canal construction and certificates of certification of construction for third-party monitoring reject canal construction as proof of the suitability of enterprises. The legal opinions make clear that local authorities in principle although specific requirements for the Technical qualification of companies may provide and this also confirmation by independent bodies themselves should, with which the company could prove the compliance with these requirements. While the municipalities but must accept the confirmations of equivalent “recognized” bodies. Due to the relevant procurement regulations at European and national level, this concerns in particular accredited certification authorities which are subject to a permanent independent monitoring of their expertise, neutrality and independence. Such accreditation in Germany should be made exclusively by the DAkkS that check the strict adherence to the certification authorities throughout Europe applicable standards and directives.

The certification of construction was accredited for many years for the certification of quality systems, as well as various specialist contractor certification in civil engineering. The accreditation to the third-party monitoring was expanded within channel construction since last year. In concrete terms this means that evidence of Construction certification by contracting authorities must basically be accepted without any restriction. In particular, the independence and expertise of certification of construction on the basis of their accreditation by contracting authorities not in doubt could be considered. However, this does not apply when evidence of the RAL-Gutegemeinschaft.

Because the Gutegemeinschaft subject – as far as visible – not an independent monitoring of their activities, which satisfies the requirements of the accreditation regulation, yet she was accredited. “The legal opinion could cause businesses to check whether claims could be addressed to the respective municipality for recent or future awards that these legal provisions are not aware.” Wang continued: “after there has for many years been a monopoly of the Gutegemeinschaft channel construction, we are today facing the situation that only the certification of construction is accredited body in this area, their independence and expertise therefore not in doubt can be. However, it can’t be our target to replace an old monopoly with a new. We are the competition and appeal to the RAL Gutegemeinschaft, to make a review of its activities or an accreditation.”