Questionnaire Buildings

Transcription

1 Brussels, 1st October 2010 Questionnaire Buildings I. Planning Phase 1. General Information on the building project The project Clean Sky, IMI, ARTEMIS, FCH and ENIAC Joint Undertakings inform the Budgetary Authority of their intention to proceed with the signature of a usufruct contract for office space located at White Atrium building, avenue de la Toison d'or, 1060 Brussels. The 5 Joint Undertakings have been established by the EC Council Regulations of 20 December 2007 (30 May 2008 for FCH JU) for a period up to 31 December The need assessment/justification The five Joint Undertakings (hereinafter "the JUs") are currently hosted on a temporary basis in Covent Garden building through a contract with REA agency. They need to find a definitive housing solution as this temporary agreement is ending on 31 December Relevant background information A service level agreement with the Research Executive Agency was signed with the JUs at the beginning of year 2009 for the renting of office space on the 14 th floor of the Covent Garden building. The agreement was covering the period of 1 st April 2009 to 31 July As the procurement procedure for a new building took more time than expected, an extension of the agreement has been signed to cover the period until 31 December The Research 1 JO 30, , p. 1; JO L 30, , p. 21; JO L 30, , p. 38; JO L 30, p. 52, ; JO L 153, , p. 1; 1

2 Executive Agency has clearly stated that no further extension would be possible after this date. Current state of play/project schedule As the Joint Undertakings were not autonomous the Commission launched a negotiated procedure, following prospection of the local market, on 27 May 2009: negotiated procedure JU-BU This procedure was launched in application of Article 91 of Regulation n o 1605/2002 (CE General Financial Regulation) as well as the Communication from the Commission on the Policy for the Accommodation of Commission Services in Brussels and Luxembourg COM(2007) 501 (the so-called "Kallas procedure"). Publication of the call for proposals 2009/0S May 2009 Deadline for the submission of proposals 26 June 2009 Opening of 27 proposals July Shortlisted candidates invited to negotiation 8 January 2010 Report from the evaluation committee 27 April 2010 Evaluation Report sent to Real Estate Committee 28 April 2010 Favourable opinion of the Real Estate Committee 21 May 2010 Start of negotiation with the selected candidate 1 June 2010 End of negotiations with the selected candidate 27 July 2010 Approval of the JU's Governing Boards ARTEMIS ENIAC Clean Sky IMI FCH 3 August August July August September 2010 Information note to the Budgetary Authority 26 August 2010 (preliminary information) 1 st October (Official notification) 2. Medium / long-term building strategy Are there any other forthcoming building projects? No. 2

3 3. Description of the current situation Condition of the building Age of the building: The building was recently constructed: the provisional reception was done in February Current state of the building: as recently built, the building offers a good quality and is in conformity with the MIT. In the case of a rent/lease contract Duration of the rent/lease contract: the current rent in Covent Garden terminates on 31 December 2010 Is there any possibility for renewal/prolongation of the rent/lease contract? No: REA has clearly stated that no further extension would be possible after this date. Building surface Current surface (m²) available: 2288 m² for the five Joint Undertakings Detailed use of the surface: 45 offices, 1 meeting room and annexes (kitchen, toilets, technical rooms). Staff situation Actual staff number: as of September 2010: ARTEMIS 11 ENIAC 10 FCH 14 Clean Sky 18 IMI 20 Total 73 Foreseen development in the staff number: maximum staff as foreseen in the multi-annual staff policy plans of each Joint Undertaking: ARTEMIS 19 ENIAC 16 FCH 20 Clean Sky 24 IMI 36 Total 115 3

4 Cost/Price situation Price/rent/leasing per m²: Rent/m²/year = Maintenance costs/m²/year = (= charges) Permanent operating costs per m² = Total cost for the current building = 801, Remark: to facilitate the comparison with the new premises, one can safely compare the total costs for the current building with the sum of the "redevance" and common and private services charge for the new premises. Contamination/Pollution Is there any contamination/pollution? No Is there any proof of absence of contamination/pollution? Yes Third Parties Is/are there any subtenant(s) / third party (ies)? No Security Are there any specific security requirements or security related issues? No II. Public Procurement and Project Phase for the new building 4. Public Procurement Process Is/was there a public procurement procedure applied? Yes: the tender was published on 27 May 2009 with reference 2009/0S What is the subject of the public procurement procedure? Text of the tender as published: The European Commission is seeking office space with an envisaged surface area of approximately m2 for the decentralised activities of 5 Joint Undertakings which are in the process of being set up. However, the current estimate of surface area requirements may be decreased to a minimum of m2, should the total number of Joint Undertakings covered by this contract be decreased from 5 to 4 or 3. Therefore, in addition to the basic proposal for approximately m², proposers must also submit 2 other proposals for approximately m² and approximately m². The prices per m² corresponding to each proposal must be given separately. This office space must be located in the Brussels-Capital Region. It does not necessarily have to be located in a building entirely reserved for this purpose. In the 2 options, proposers must explain how the areas will be effectively separated and made secure. 4

5 The premises proposed must have access-control systems adapted for the various zones identified, including those considered the most sensitive (for example, IT rooms, general equipment rooms, dispatcher rooms), and incident detection and alarm systems. The Commission may request that additional technical security measures be undertaken if it deems that those proposed are unsuitable or insufficient. Occupation of the areas may be the subject of a single contract or of separate contracts for each joint undertaking, and the contract(s) may be signed by the Commission on behalf of the joint undertakings and/or by the joint undertaking(s) concerned as contracting party(ies) (hereinafter referred to collectively as 'the Commission'), without this influencing in any way the contract duration specified in point C.5. What kind of public procurement procedure is applied? Negotiated procedure with prior publication of a contract notice, following prospection of the local market, on the basis of the Communication of the Commission COM(2007)501 setting out the principles of the methodology to be applied to building procedures Is the tender open EU-wide? Yes Is the tender restricted in any way? No 5. Results of the public Procurement Procedure What is the result of the public procurement procedure? The call for proposals for a negotiated procedure was published on 27 May 2009 in the OJ Market prospection was completed on 8 October The report of the market prospection phase was submitted to the real Estate Committee which issued a positive opinion. Three candidates were invited to submit an offer in the negotiated procedure: the offers were opened on 28 January 2010 and evaluated by the evaluation committee nominated by the Executive Directors of the Joint Undertakings. The evaluation committee issued a report on 27 April 2010 and selected the most economically advantageous offer as being the one from the White Atrium building. The Real Estate Committee was consulted and gave a positive opinion on 21 May The technical and legal negotiations started with the owner of the building on 1 June The final evaluation report was signed by the members of the committee on 26 July The Governing Boards of the Joint Undertakings were consulted, as required by their financial rules, and approved the proposal to sign the usufruct contract. At the same time they asked the Executive Directors to notify the budgetary authority of their intention to sign a usufruct contract. How many offers have been obtained? 27 valid offers 5

6 Which supplier(s) /company (ies) has / have been selected? White Atrium, avenue de la Toison d'or, 1060 Brussels. The building is owned by company Bebau Louise LLC represented in Brussels by BEOS Gmbh. Yes. Is/Are the selected supplier(s) / company (ies) independent from the body in charge of the building project? Which assessment criteria have been applied? At prospection stage: pre-selection of a maximum of 3 projects on the basis of the criteria stated in the prospection notice: basic proposal for m² with 2 options for and m², location in the Brussels Capital Region, usufruct contract of 15 years which may be terminated on , quality and price quoted with equal weightings. At negotiation stage: technical analysis and financial negotiation of the projects selected on the basis of the following award criteria: Degree of conformity with the MIT, ("Manuel de l'immeuble Type") Length of the fitting-out works, Adequacy of the works with the functionalities as described in the tender; Localisation of the building, Ratio price/quality. What does the selected (final) offer include? The offer includes 4803 m² of office space, 116 m² of archives, 48 parking places. Is the most economic offer selected? The tender offering the best value for money (i.e. the best price-quality ratio) was selected. The award criteria mentioned here above were the same as those used by the Commission in previous procedures, i.e. price (50%) and quality (50%). 6. Description of the future situation Future Building situation Age of the building: the building was built in State of the selected building: at present being renovated. 6

7 Future Building surface Surface (m²) available: the Joint Undertakings will be located on 4 floors, in a building where apartments for individuals are also available but with different accesses. Other floors aimed at being used as offices are currently free. A total of 4803 m² will be used by the Joint Undertakings for office space. Detailed purpose of the surface: 4803 m² of office space distributed as follows: floor 4: 1791 m² floor 5: 1538 m² floor 6: 957 m² floor 7: 517 m² This space includes sanitary, meeting rooms, kitchenettes. 116 m² of archives, 48 parking places. Future Cost/Price situation Price/rent/leasing per m²: The price of the office space is 175 /m². Average price/rent/leasing per m² for other comparable buildings in this area: According to the CBRE study published in February 2010 and presenting the real estate market in Belgium in December 2009, the average price for office space in the North region of Brussels is 195 /m². Maintenance costs per m²: /m² Permanent operating costs per m² (are there any expected savings compared to the current situation e.g. energy, heating etc.?): /m2 Reimbursement of the adaptation work requested by the JUs (on an annual basis but to be paid on 5 years): /m² 7

8 Total costs for the project: Until Annually during the first 5 years Annually during the last 2 years Usufruct 840,525 for 4,803 m² office space 9,860 for 116m² archives 5,952, , ,385 Charges Common service charges* +/ /m²/year Private service charges - Cleaning: 57,156 /year - Cleaning windows: 1,296 /year - Sanitary consumables: 6,300 /year - Handyman (+/- 8h/month): 4,800 /year 1,110, , , ,864 69,552 69,552 Parking 48 * 1, ,600 76,800 76,800 Fitting-out works 1,191,360** 238,272 0 Total 9,278,983 1,393,647 1,155,375 * Common services charges include notably (1) repairs and maintenance of the air-conditioning and heating system;(2) maintenance and monitoring of the fire protection system, as well as all the checks imposed by regulations; (3) hot and cold water, sewing, energy consumption in the common space and (4) maintenance and cleaning of the common space ** This is a maximum amount. The calculations for the reimbursements of the works will be based on the open book principle with a maximum amount. In other words, the basis for the reimbursement of the works will be either the real costs or the maximum amount whichever is lower. 8

9 A repartition key between the Joint Undertakings has been used based on the space occupation of each JU, as follows: Repartition key based on space ratio Annual amount during the 5 first years (+ parking)* Annual amount during the 2 last years (+ parking)* IMI 23.16% 304, , , ,600 CLEAN SKY 20.76% 273, , , ,200 FCH JU 20.76% 273, , , ,200 ARTEMIS 17.66% 232, , , ,400 ENIAC 17.66% 232, , , ,400 Total 100% 1,393,646 1,155,374 Total over 7 years 9,278,983 * Parking places are distributed unequally between the JUs, depending on their own needs (IMI 16, Clean Sky 12, FCH 7, ARTEMIS 9, ENIAC 4). Share of price covered by the European Union budget: ARTEMIS Legal basis: Council Regulation 74/2008, Article 11 5 of the statutes: running costs are covered by the European Union up to 10M and by the Industry association up to 20 to 30 M. The forecast established in 2010 anticipates a distribution over the 7 years as follows: Industry EC contribution contribution % 47 % % 45 % % 22 % % 11 % % 10 % % 13 % % 6 % ENIAC Legal basis: Council Regulation 72/2008, Article 11 5 of the statutes: running costs are covered by the European Union up to 10M and by the Industry association up to 20 to 30M. 9

10 The model of repartition keys for the coming years is as follows: Industry EC contribution contribution % 53.5 % % 37.4 % % 19.5 % % % % % 0 In total, the financial contribution from the EU budget in the period will be limited to 22,8 % of the needs for the running costs of the ENIAC JU. Clean Sky Legal basis: Council Regulation 71/2007, Article 12 3 of the statutes: running costs are covered by the European Union for 1/2 and by other members for 1/2. Industry EC contribution contribution % 50% IMI Legal basis: Council Regulation 73/2008, Article 11 3 of the statutes: running costs are covered by the European Union for 1/2 and by other members for 1/2. Industry EC contribution contribution % 50% FCH Legal basis: Council Regulation 521/2008, Article 12 2 of the statutes: The running costs of the FCH Joint Undertaking shall be covered equally in cash by the Community and the Industry Grouping from the outset. As soon as the Research Grouping becomes a member of the FCH Joint Undertaking, it shall contribute to 1/12 of the running costs. In such case the Community contribution to running costs will decrease correspondingly. EC contribution Industry Grouping contribution Research grouping Contribution /12 or 41,66% 6/12 or 50% 1/12 or 8,33% 10

11 Recapitulative table: price covered by the European Union budget: IMI Clean Sky FCH ARTEMIS ENIAC Total contribution from EU budget , , , , , , , , , ,130 89, , , , ,574 54,330 46, , , , ,574 27, , , , ,574 24, , , ,556 97,963 26, , , ,556 97,963 12, ,511 Total 1,101, , , , ,806 3,501,329 Upon the total of 9,278,983 over the 7-year renting period, only 37.7% is covered by the European Union budget (3,501,329 ). Contamination/Pollution of the future building Is there any contamination/pollution? (e.g. existence of asbestos, radioactivity or other harmful substances on the grounds, in the building(s), in the soil)? The building is "asbestos safe". There is no presence of contamination/pollution. Is there any proof of absence of contamination/pollution? Attestation delivered by IGBE (certification body) delivered in 2010: an exemption from IGBE has been delivered on 20 July Accessibility Are the premises accessible for handicapped persons? Yes, specific measures haven been taken to ensure access of disabled people to the building, including access to the elevators, to special toilets. Are public transport facilities given? Yes: the White Atrium building is located is a very central area at the corner of Avenue Louise and Avenue de la Toison d'or. There is a metro and tram station at the corner, the midi train station is nearby and 'villo' are available within 50 meters from the building. 11

12 Third Parties Is/are there any subtenant(s) / third party (ies)? No. Security Are there any specific security requirements or security related issues? No 7. Project Financing How is the project financed? (Please name the relevant budget lines and provide the financial plan) The expenditure linked to the project will be covered by the JUs administrative budget co funded by Industry and the EU budget. The JUs budget 2010, draft budgets 2011 and staff policy plans already take into account the increase in staff and required increase of office space by renting the new building. In the Commission budget, the subsidy to the JUs is paid from following budget lines: ARTEMIS ENIAC IMI Clean Sky FCH No Are there any financial partners? Are there any follow-up costs? (financial interest, cost for intermediate companies etc.)? No Is there a cost-benefit analysis? The JUs have no option but to leave the temporary location in the Covent Garden building at the latest on , for the following main reasons: REA Agency, which is the tenant of office space currently occupied by the JUs (14 th floor), needs to have that space back from early 2011 in order to accompany the development of its activities; The current location does not offer any longer acceptable working conditions for the staff and visitors and is now delaying recruitment and affecting the operations. The cost benefit analysis is to be seen in this case as the evaluation of proposals (27) received after prospecting the market. 12

13 A comparison of financial conditions in the temporary location and in the future premises in White Atrium would show in any case that the new location has a lower cost than the present one. Are revenues used for the financing? Funding of the running costs of the JUs is shared by the EU Budget and a contribution of the Industry represented in their respective Boards, according to proportions which are different in each JU (from 33% to 50% of EC funding). Please refer to Chapter 6 above. If revenues are used for the financing, please answer the following questions: What is the origin of the revenues and what are the revenues intended for? See chapter 6 above What is the total amount of revenues received annually? See chapter 6 above What is the total amount of revenues received so far? See chapter 6 above Has information on the revenues been published in the budgetary procedures? Yes 8. Legal Situation Who is currently the owner of the building(s)? The White Atrium building is owned by company Bebau Louise LLC, 1314 King street, Wilmington, Delaware registered with company number represented by BEOS Gmbh. Since when is/are the building(s) / premises / land property of the current owner? 2008 for the floors 4, 5 and 6 and 2009 for floor 7. Has there been a rent- or buy-decision? According to the Call of proposals published by the Commission on , the legal framework is a usufruct contract. Please provide information on the legal situation/obligations To be consistent with the Regulations of the Joint Undertakings, the 15-year usufruct contract offers the possibility for the JUs to continue or other European bodies to take over the renting from 01 January 2018 with a financial incentive. Building construction/renovation projects When will the construction/renovation period start/end? The refurbishment of the building decided by the landlord is currently being finalised. Fitting-out works corresponding to the special needs of the JUs will be done as soon as the contract is signed. A period of maximum 11 weeks has been foreseen to carry out the works. However, thanks to a good articulation between these two steps, it is expected that the period of works may be shorter than originally foreseen 13

14 Do you expect any problems with the project time table? No. Why is the renovation/construction considered to be the most favourable option? The construction has never been considered as an option, taking into consideration the limited mandate in time of the JUs Is/are there any other building(s) affected by the project? No. 9. Contract Please name any specific contractual agreements and any discounts, fines, compensations, refunds, etc. Incentives: In the course of the negotiation with the last three candidates, the latter improved their original proposal by offering some discounts. The selected candidate proposes the following bonus: A 1 st incentive for the works is granted by the owner for an amount of 511,681,58 A 2nd incentive is granted in case the Joint Undertaking stay in the building after 31 December 2017, or if another European body takes over the building: in such a case a discount of 240,000 is granted to the Joint Undertakings. Penalty: None. In case the Joint Undertakings would have to leave the building in December 2017, the discount/ bonus of 240,000 will not be granted. III. Project finalisation Please provide information on the project outcome The adaptations of the building decided by the landlord are currently being done. The part of adaptations corresponding to the special needs of the JUs will be done as soon as the contract is signed. Any other relevant information The present occupation of the temporary location at Covent Garden (subcontracted by REA) will come to its final term at (the initial subcontract was initially scheduled to finish in July this year). REA has notified the JUs that no new prolongation can be considered. 14