Maritime Museum: Raue LLP Prevents Suspension of Procurement Procedure

On behalf of the architectural firm Bangert Raue LLP has reached before the OLG Bremen that the award proceeding for the extension of the Bremerhaven Maritime Museum (DSM) will be continued. Bangert had won the architectural competition in 2008 and had begun planning including a masterplan for the museum. The architect was then to be removed from the process; the museum had suspended the process although the expansion was continued. While the Bremen Procurement Chamber endorsed this approach, the Higher Regional Court of Bremen decided otherwise: the process must now be completed by a contract with Bangert.

The DSM was originally (1969-70) built by architect Hans Scharoun, then expanded by Dietrich Bangert in 2000. In 2008, the museum sponsored an architectural competition for a further expansion. The architectural firm Bangert won the competition and the subsequent negotiated procedure. But the design contract was at that time not granted immediately as the required funds had to be secured and released first. Meanwhile Bangert worked on a comprehensive masterplan for the museum. This masterplan was essential to ensure means/promotion for the museum as a member of the Leibniz Research Foundation. When all conditions for enlargement were met, the completion of the architectural contract was delayed and then failed to materialize. The entire procurement procedure was then suspended; the museum claimed it did not pursue the expansion more or at least not in a comparable form. Also, the legal conditions since the competition had changed so that it could no longer instruct the winner of the competition.

The architectural firm Bangert did not agree. Regarding its procurement law complaint the Higher Regional Court of Bremen decided in the last instance now that the process should not have been canceled. It lifted the suspension; as the museum had decided on Bangert as the winner of the competition, it now has to sign the contract with him so that the cooperation can be continued.