See II.2.4).

This government contract aims at the design and construction / design & build (DB assignment) of a temporary operating theater and intensive care department.

The existing hospital will continue to function on the current site during the construction of the complex. For the application of the regulation to public contracts, this DB contract is considered a public contract for the contracting of works within the meaning of Article 2, 18 O of the Law of 17.6.2016. The assignment is a design and execution (design & build) of a modular building containing an operating theater and intensive care, which must be performed in accordance with the functional and / or performance requirements as stated in part III 'functional and / or performance requirements'. The assignment is a total contract that must be performed in accordance with the functional and / or performance requirements as stated in part III 'functional and / or performance requirements'.

The tender must be submitted by a natural or legal person or by several natural or legal persons who explicitly undertake to be jointly and severally liable for the performance of the assignment.

However, in accordance with the provisions of Article 44 of the Royal Decree of 18.4.2017 on awarding public contracts for traditional sectors and subsequent amendments, this joint and several liability does not apply to the architect who would belong to a combination in which a contractor is also present.

The architect (architects, if any) is (are) liable in accordance with the provisions of the legislation on public contracts with regard to the contractor and the contracting authority. The ten-year liability of the architect (1792 BW and 2270 BW) vis-à-vis the contracting authority for the work he has performed commences on the date of the provisional acceptance.

The composition of the selected candidate / tenderer, being the mandatory parties involved, must be retained for the entire duration of the DB assignment, unless the contracting party's prior written consent. The latter will not unreasonably refuse his agreement.

This contract document has been drawn up in compliance with the provisions of the public procurement legislation. After all, the DB assignment is a contract in the form of a DB agreement. Essential for such an agreement is the different way of distributing risk compared to traditional public contracts. The contractor takes more risk than with a traditional government contract, but he can also manage these risks much better because design and implementation go together. For that reason, some provisions of the Implementation RD are deviated from, more specifically:

- contrary to Articles 19 and 20, the contracting authority has a free image right. The contracting authority can always have the building and the open and semi-public space adapted, demolished or changed without being impeded by an intellectual right of the contractor or the architect,

- the rule of article 38/9 will be strictly applied as the contractor is responsible for the whole of the design and implementation. The entire coordination is a task for the contractor who bears the interface risk. The contractor can therefore not rely on errors and gaps in the design. The quotation must be based on the information provided. Deviations from the data provided may be eligible for the application of unforeseeable circumstances, provided that the legal conditions and the provisions of the previous section are met (no errors and gaps in the design).

The contractor is responsible for the complete coordination of the DB assignment and bears the risk for this. There must be a fully ready-to-use and cleaned infrastructure [...] (see contract documents).