Manage the Agency for Roads and Traffic (hereinafter AWV) and De Vlaamse Waterweg nv (hereinafter DVW)

about 3000 works of art spread throughout Flanders.

Works of art are understood to mean the following asset types:

 Bridges (fixed and movable), the length of which is at least 5 m

 Tunnels, the width of which is at least 5 m

 Retaining walls, the ground retaining height of which is at least 2 m

Many works of art were built between the 60s and 80s. This ensures that a large

Some of these works of art are nearing the end of their lifespan. This pushes structural

repairs and replacements occur, and this in the short term.

The asset managers of the MOW policy area monitor the condition of the artworks by

performing periodic inspections. On the basis of these inspections, the current situation is

of the artworks. This state is divided into 5 codes ranging from 1 to 5,

respectively ranging from condition good to very bad.

Flanders has about 200 non-movable bridges in poor condition. The Flemish government

wants to bring them into better shape by 2030. About half can be repaired or renovated;

The other bridges need to be completely renewed or replaced. For the latter, via

This assignment now a large-scale program in the form of a public-private

cooperation (PPP) rolled out, complementing the existing approach to bridges on the list

priority artworks (LPK)1

. The DMOW has a Shortlist of 49 non-movable bridges

defined as may be covered by this Program.

1 The List of Priority Works of Art are all works of art, mainly bridges, that are in category 5, the

worst category, stand. These works of art are restored as a priority through a traditional public contract

of vernieuwd.

5

5/04/202

3 Selection guide PPP works of art – ATO_2022_07

With a view to the implementation of the Programme, DMOW will conclude a Framework Agreement.

for the renewal of as many bridges as possible from the Shortlist. Any to refresh

Bridge constitutes an order within that framework agreement.

The current intention here is that the Contractor is responsible for the design, construction and financing.

of the bridges within the Program and their maintenance in principle for a period of time

of 30 years2 from the completion of the construction phase of each bridge. The bridge will in principle start from

the start of the availability phase3 be transferred by the DMOW to the administrator

of the bridge, i.e. the Agency for Roads and Traffic or De Vlaamse Waterweg nv.

4 Annex 1 provides further information on the Programme and its approach. Candidates are informed for information purposes that the Contracting Authority reserves the right to also issue separate contracts for works in order to realize certain sub-aspects of the aforementioned Assignment. In addition, the Contracting Authority also reserves the right to integrate coherent (but incidental5) assignments for DMOW and/or other parties into the Assignment.

Candidates are already being informed that the DMOW reserves the right to change this set-up, partly on the basis of progressive insight and/or changed circumstances. For example, there is a possibility that the aforementioned Contract will be realized in whole or in part by means of one or more traditional public contracts. The modalities that apply if necessary will be further specified in the Framework Agreement.

This Assignment is placed through a competitive dialogue.

The Contracting Authority hereby relies on Article 39, §1 in conjunction with Article 38, §1,

1°, a), b) and c) Public Procurement Act 2016. After all, the use of this placement procedure is

justified by the specific circumstances related to the nature, the

complexity or the legal and financial conditions or because of the associated risks.

After all, the Contract is marketed in the form of a Framework Agreement, a

long-term agreement with a term of more than 30 years7 covering both design, construction,

includes the financing and maintenance of the bridges (DBFM).

Typical of the DBFM philosophy is the output orientation, i.e.dat the requirements output-oriented and

be objectively specified. On the one hand, a great deal of design freedom is left to the

tenderers, which should allow interested parties to participate in an innovative way to the

meet the needs of the Contracting Authority. On the other hand, the financing

an essential aspect of this assignment. The alignment of these elements in the

light of the needs of the Contracting Authority, which are specific and of which the

responding to it requires a thorough knowledge of the possible solutions that the market has to offer

bidding or being able to offer in itself means that conducting a competitive dialogue

necessary. After all, it is necessary for the contracting authority to be able to enter into dialogue with

the market to identify solutions available to meet the intended objectives

in this Assignment.

In addition, the approach taken by the Contracting Authority for this Contract for

has the view that the Contracting Authority must enter into dialogue with the market in order to determine

how such an approach can be efficiently placed to meet the intended objectives of the Assignment

to realize. The programme approach combining the

After all, framework agreement with the 2-phase approach is completely new for the MOW policy area and

by extension the Flemish government. The complexity that this approach entails, both on

technically as well as legally, previous DBFM assignments have not been addressed.

In view of the subject matter of the Contract and the objectives pursued by it, the

It is plausible that different solutions are possible for its realization. This applies both

from a technical, legal and financial perspective.