Hungary Public Making Tender

In order to ensure transparency of market competition and to ensure a level playing field Graphisoft has filed an appeal with the Public Procurement Arbitration Committee of the Public Procurement Authority for the performance of the general design tasks of Vasas Sport Club VASAS VROS EKR000429672022.In May we wrote the news that the Vasas Sport Club had announced a public procurement for the general planning of the development of the Sports Center. The project entitled Iron City was launched in the 13th century. district at 58 Fy utca on the corner of Fy utca-Bke utca in the area bounded by the Champions Promenade. In its announcement Graphisoft emphasized that several conditions of the tender were unachievable and professionally unjustified for a significant part of the Hungarian design offices. These include the HUF 10 million tender guarantee the excessive demand for liability insurance HUF 100000000 loss event HUF 200000000 year and last but not least the reduction of the design software type to Closed BIM which is less common among Hungarian architects. .Graphisoft SE as the Hungarian market leader in architectural software is responsible for the development of the market for the application of transparent market competition conditions and for the initiation of legal proceedings in the event of a breach thereof. Vasas Sport Club has launched a public procurement procedure for the general planning of the Vasas city project. However several clauses of the notice published in Public Procurement Notice No. 2022114 impose conditions on prospective bidders that are anti-competitive and do not take into account market practices.As a result the company was forced to lodge an appeal with the Public Procurement Arbitration Court at the following points in the tender noticeThe Contracting Authority requests HUF 10000000 as tender security which is not justified by the estimated market value calculated for the subject of the procedure or the costs that can be foreseen by the Contracting Authority ie it is excessive violates equal opportunities and restricts competition. The Contracting Authority stipulates HUF 100000000 per liability event and HUF 200000000 annual liability insurance these rates make the planning services to be performed completely unreasonably expensive. The Contracting Authority has refused to allow the General Designer to use any Open BIM-type software between which electronic interoperability is ensured using the IFC file format during the procurement contract. The Contracting Authority allowed the performance of the public contract only by using a planning program in accordance with the Closed BIM standard and confirmed this to the Contracting Authority.In the opinion of Graphisoft and the market participants requesting the company the above conditions of the public procurement tender are professionally unjustified it is difficult or economically impossible for most architectural firms to fulfill at all. This significantly undermines competitive neutrality and transparency.All actors in the Hungarian construction industry through architects engineers and contractors are aware of the BIM design program used by designers. It is a well-known fact that the vast majority of Hungarian architects use the Open BIM model which has been the most widespread program on the Hungarian market for decades and is one of the worlds leading architectural design models and a rare global success product that is Hungarian innovation.The published public procurement indicates the use of non-European funds so it is subject to Hungarian public procurement however as an EU member state the principles of the Treaty on the Functioning of the European Union TFEU can be held accountable in this case especially equal treatment and discrimination. and the principle of transparency.Pter Reicher Head of Graphisoft SE Hungary said Our company is 40 years old this year and despite our founding before the change of regime we have developed a product and service offering in our headquarters in Budapest over the past decades that is one of the most widespread in the global market. is clearly the leading software in the architectural market. We have become accustomed to maintaining our market dominance and our ability to innovate in fierce competition in all countries of the world market we are accustomed to constantly measuring ourselves in transparent market competition but we must not fail to speak out against market distortions. Our company has taken the opportunity to appeal to the Public Procurement Arbitration Committee of the Public Procurement Authority and we hope that the Board will allow the infringements to be remedied.