BMBF’s new building completed: Luther advises in entire bidding and construction phase

Luther was engaged to provide comprehensive legal support on the entire bidding procedure throughout Europe, from the structuring of the procedure and the preparation of the bidding documents up to the negotiations with bidders and the conclusion of the contract. Since the contract award Luther also advised the building owner during the whole 2½-year construction period. The new building is the federal government’s first PPP project in the construction sector.

During the bidding procedure, the BImA placed particular importance on the project’s cost efficiency and the adherence to time schedules, but also on the sustainability and high structural quality of the new building. “The building was handed over to the owner totally in line with the planned budget and schedules which is even more remarkable as to the high demands on architecture as well as on building and equipment quality – and that is no matter of course, especially with regard to complex public construction projects.” said Henner M. Puppel, Luther’s lead partner. “Furthermore, by opting for the PPP model, as opposed to the conventional public construction, the public sector had a cost advantage of approx. € 28m which is definitely a success for the owner.”

About the new building
The project is the federal government’s first civilian building in Germany planned, built, financed and operated in a public private partnership (PPP). It received the “Innovation Prize PPP 2012” on the 7th Federal Congress PPP in October 2012 and, in addition, the British award “European Government Accommodation Deal of the Year 2011”.

• building owner: Federal Institute for Real Estate, Berlin Office
• occupant: Federal Ministry for Education and Research
• address: Kapelle-Ufer 1, 10117 Berlin
• project value: approx. € 310m
• gross floor space: about 58.000 m²
• contractual model: PPP ownership model
• financing model: project financing with pro rata self-financing
• contract period: 30 years
• conclusion of the contract: August 2011
• inauguration: November 2014

The new ministerial building qualifies for “gold“, which is the highest award that can be obtained according to the assessment system „sustainable building for government buildings“. The building receives its energy supply by using a smart grid to integrate various different system components. The smart grid combines a gas-fired fuel cell, a co-generation unit for the generation of cold, heat and power, and photovoltaic elements on the roof and façade of the building.

On behalf of BImA and BMBF
Luther Rechtsanwaltsgesellschaft, Essen: Henner M. Puppel (Partner, Lead, Public Private Partnership)
Luther Rechtsanwaltsgesellschaft, Leipzig: Stephan Finck (Public Private Partnership)

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