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1 THE BUILD-FOR-ALL REFERENCE MANUAL Good intentions are not enough The Build-for-All Reference Manual aims to provide assistance for the inclusion of accessibility…
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1 THE BUILD-FOR-ALL REFERENCE MANUAL Good intentions are not enough The Build-for-All Reference Manual aims to provide assistance for the inclusion of accessibility criteria in public calls for tender under the Public Procurement Directive of the European Union. This Manual includes, in Part 1, a Handbook and, in Part 2, a Toolkit, that can be consulted independently from each other. This Reference Manual is produced by: The Architects’ Council of Europe (ACE); Cooperative Integrate Onlus (CO.IN); The Council of European Municipalities and Regions (CEMR): EUROCITIES; The European Committee for Standardization (CEN); The European Construction Industry Federation (FIEC); The European Disability Forum (EDF); The European Institute for Design and Disability (EIDD); The European Lifts Association (ELA); AGE - The European Older People’s Platform; The National Disability Council of Luxembourg (Info-Handicap); NEUMANNCONSULT; ProASolutions; The City of Gdynia supported by the European Commission Pilot project on actions to mainstream disability policies submitted under the open call for proposals for transnational projects VP/2004/008. Sole responsibility lies with the authors and the Commission is not responsible for any use that may be made of the information contained. Copyright: Info-Handicap and the “Build-for All” project, Luxembourg, 2006. Please visit www-build-for-all.net for updates. 2 Preamble Build-for-All is a Pilot Project to mainstream disability policies - supported by the Euro- pean Commission that ran from December 2004 to December 2006 - promoting accessibility to the built environment through the implementation of Design for All. The Expert Group of the European Commission on Full Accessibility delivered its conclusions at the end of 2003, the European Year of People with Disabilities in a report, entitled “2010, a Europe Accessible to All”1. It identified a lack of awareness in the professional sector as one of the most important obstacles to achieving accessibility in the built environment. The report also identified the key role that public authorities play in changing attitudes and practices relating to accessibility and the leverage that they can exert when calling for tenders for public works and services. The Build-for-All project gives guidance on three main areas: 1. The need to provide public authorities with guidance on the establishment of essential accessibility criteria and a methodology for step-by-step implementation of accessibility as provided for by the Public Procurement Directives of the EU 2. The need to inform the private sector and professional stakeholders about how to meet the demands of including accessibility criteria 3. The need to bring together the representatives of disability organisations and older people’s organisations at European, national and local level with their counterparts from the other professional and stakeholder groups - the local and regional authori- ties, the construction industry, the lift manufacturers and architects - in order to promote and create lasting and ongoing constructive dialogue. When this document makes reference to “accessibility for all”, that means that principles of design for all should be respected. As an example, wheelchair users should be able to enter a building through the main entrance and not only through an accessible back door, the kitchen or similar entrances. The “Build-for-All” project partners are aware of the definition “people with activity limitations” used in the World Health Organisation’s (WHO) International Classifi- cation of Functioning, Health and Disability (ICF)2. However for the purpose of this document, aimed at a huge diversity of readers who might not be familiar with the recent developments in disability policies, preference is given to the use of a more “traditional language” in order to make sure that the messages contained in this document are fully understandable. 1 “2010 A Europe Accessible for All”- available from the Internet at http://www.eca.lu/upload/egafin.pdf 2 http://www.who.int/classifications/icf/en/ 3 TABLE OF CONTENTS 1. Introduction 4 HANDBOOK 7 2. Handbook Introduction 8 3. The Importance of Full Accessibility and “Design for All” 9 4. The social model of disability within the concepts of Design for All and Corporate Social Responsibility 11 5. Design for All Considerations in Public Procurement 13 6. About the EU Public Procurement Directives 15 7. Points to consider 19 8. Briefing Note on the use of Quality/Price Tender Evaluation Models 22 TOOLKIT 23 9. Toolkit Introduction 24 10. The Benefits and Advantages of Design for All 24 11. Technical Guidance 24 12. Examples of Good Procedural Practice in Public Procurement 32 APPENDICES 45 Appendix 1: List of accessibility relevant European standards (CEN norms) 46 Appendix 2: Implementing Accessibility Criteria in Practice 49 Appendix 3: Accessibility rules related to design 51 Appendix 4: How to demonstrate Social Commitment 53 Appendix 5: Resources for training 55 Appendix 6: Disability-proof decision making 58 Appendix 7: Bibliography 58 Glossary 60 4 1. Introduction This Reference Manual is the tangible result of work carried out by the partners of the European funded project known as Build-for-All. The principal objectives of the project are to raise awareness of accessibility to the built environment (buildings, outdoor spaces and facilities), and to provide practical guidance to those who prepare calls for tender for design and construction Works under the Public Procurement Directives of the European Union. It consists of two documents - a Handbook and a Toolkit: 1. The Handbook provides background information for raising the awareness of decision makers and public servants about the importance of accessibility in the built environment for all citizens and the supporting role that Public Procurement can play in achieving this. 2. The Toolkit gives a practical approach for contracting authorities to include certain procedures and technical requirements in procurement, so as to ensure that accessibility criteria are met in design and construction work. Target Audience The Reference Manual is intended for those whose work brings them into contact with the Public Procurement process – either directly or indirectly. These include: Legislators at National and Regional Levels, officially responsible for the transposition of the EU Directives to national and regional law National, Regional and Local Governments across Europe, in their specific role as procurers, owners and managers of public infrastructure, including buildings Public Authorities and entities, including all publicly funded bodies and agencies that procure Works through the use of the Public Procurement procedures established by European Law3 Economic Operators, as a source of information to them on how Contracting Authorities approach the making of calls for tender. The motivation for preparing this Reference Manual arises from the introduction of revised European Union Directives on Public Procurement4 that (when transposed into 3 Annex IV of the Directives names all central public entities in each Member State that will have to meet the requirements of the Directive, in addition to public authorities at all levels. 4 DIRECTIVE 2004/17/EC Of the European Parliament and of the Council, 31st March 2004 Coordinating the Procurement procedures of entities operating in the water, energy, transport and postal services sectors. and DIRECTIVE 2004/18/EC Of the European Parliament and of Council of the of 31st March 2004 Coordinating the procedures for the award of public works contracts, Public supply contracts and public service contracts 5 national law), must be respected by Contracting Authorities when tendering for public works. These Directives offer scope to Contracting Authorities to promote accessibility for all, including persons with disabilities, older persons and others, to the built environment - both to public buildings, the outdoor environment of streets, pavements, roads and to any works procured by the public sector. The goal of accessibility to the built environment was recognised internationally in 1993 in The United Nations Standard Rules on the Equalisation of Opportunities for Disabled Persons5. Despite the fact that almost every country in the world signed up to the Standard Rules, the issue of access, which is dealt with in Rule number 5 (cf Appendix 3), remains a major technical and societal problem. The revised Public Procurement Directives offer scope for contracting authorities to consider social and accessibility issues. Public authorities, at all levels, are being encou- raged to positively implement these provisions as far as the new rules allow. The Directive makes provisions for • technical specifications (Art. 23 and Ann. VI) (cf Chapter 6, PHASE 1) • criteria for qualitative selection (Art. 45-52) (cf Chapter 6, PHASE 2) • contract award criteria (Art. 53) (cf Chapter 6, PHASE 3) and, finally • conditions of performance of contracts (Art. 26) (cf Chapter 6, PHASE 4). These categories, each in a different way, allow public authorities and economic operators to choose to include accessibility aspects in the procurement process. National Legislation may, in certain countries, require this obligation and this is strongly welcomed by the Build-for-All partners, but the aim of the work of the project is to encourage the voluntary adoption of accessibility requirements in procurement by public authorities in all European Union Member States. While the Public Procurement Direc- tives do not oblige Contracting Authorities to include accessibility criteria in calls for tender, there are significant benefits associated with the adoption of this approach. Many countries have recognised this and are adopting more binding legislation, insisting on a systematic and structured implementation of the design-for-all principles... Fundamentally, the Build-for-All partners believe that by following the principles and advice presented in this Reference Manual, Public Procurement can lead to better functioning, more comfortable and safer environments for all people in society6. 5 United Nations. Standard Rules on the Equalization of Opportunities for Persons with Disabilities. A/RES/48/96. 85th plenary meeting 20 December 1993. The full document can be read online at: http://www.un.org/documents/ga/res/48/a48r096.htm 6 The CARPE Guide to Responsible Procuremt provides supplemental information on how public authorities can positively influence public procurement: http://www.carpe-net.org 6 7 THE BUILD-FOR-ALL HANDBOOK Good intentions are not enough Background information for raising the awareness of decision makers and public servants about the importance of accessibility in the built environment for all citizens. Copyright: Info-Handicap and the “Build-for All” project, Luxembourg, 2006. Please visit www-build-for-all.net for updates supported by the European Commission Pilot project on actions to mainstream disability policies submitted under the open call for proposals for transnational projects VP/2004/008. Sole responsibility lies with the authors and the Commission is not responsible for any use that may be made of the information contained. 8 2. Handbook Introduction This Handbook provides background information for raising the awareness of decision makers and public servants about the importance of accessibility in the built environment for all citizens, and the supporting role that Public Procurement can play in achieving this. The Handbook is specifically aimed at those who wish to know about the provisions of the European Union Directives on Public Procurement Procedures, and the importance of accessibility and the “Design for All”7 approach. The Handbook will be especially useful to elected members of Local, Regional and National government and to managers who have to weigh up whether or not to include a particular set of criteria in a call for tender or to adopt new policies within their administration, reflecting equal opportunities in society. This Handbook therefore addresses a wide range of issues, which administrations might take into account to bring accessibility issues into focus. Further reference material is listed in the Appendices and in the Bibliography. Motivation: • Did you know that by including accessibility in Public Procurement tenders, you will promote social inclusion, contribute to full employment, save public money and ultimately foster economic growth? • Did you know that Public Procurement transactions account for approxi- mately 16% of the European Union's GDP, equivalent to 1500 billion Euros per year? • Did you know that Public Procurement rules have a direct impact on the daily lives of European citizens? • Did you know that disabled people, older people and other persons with temporary reduced mobility together make up 40% of the population of Europe? • Did you know that, according to UN figures, 34.5% of the European population will be aged 60+ in 2050 compared to 20.3% in 2000? • Did you know that European and national legislation are increasingly requiring disability access to the built environment and to public works? 7 For a description of the “Design for All” approach, please refer to section (3). 9 3. The Importance of Full Accessibility and “Design for All” In recent years, European planners, designers and proponents of accessibility, have laid particular emphasis on the practice of “Design for All” as an approach to design and construction that can contribute to full accessibility. “Design for All” is a process of proofing decision-making for the achievement of social inclusion. One of the major characteristics of this process is that that it is driven by decision makers at all levels of government, local government, corporate business, industrial and commercial sectors. “Design for All is design for human diversity, social inclusion and equality. This holistic and innovative approach constitutes a creative and ethical challenge for all planners, designers, entrepreneurs, administrators and political leaders. Design for All aims to enable all people to have equal opportunities to participate in every aspect of society. To achieve this, the built environment, everyday objects, services, culture and information - in short, everything that is designed and made by people to be used by people - must be accessible, convenient for everyone in society to use and responsive to evolving human diversity”. (Stockholm Declaration, 2004) The methodology of Design for All ultimately applies to the creation of: • Enabling environments: Featuring physical and intellectual accessibility and the sustainability of built structures, together with their impact on work, mobility and leisure within the community • Enabling processes: Consisting of legal frameworks impacting on the environment and affecting planning, procurement processes as well as the way in which project briefs are structured. • Enabling interfaces: designing products, services or systems that eliminate social exclusion and functional difficulties experience by an individual by providing compatibility between the user and physical or virtual activities. • Enabling society: Involving the Integration and inclusion of all marginalise groups thus freeing society from prejudice and other negative social attitudes. 10 Who benefits from the Design for All approach? People with disabilities and older people are the most obvious beneficiaries of a fully accessible environment, but it must be emphasised that people of all ages and abilities appreciate the advantages of accessible surroundings and facilities. Design for All is recognised as an important tool for ensuring physical accessibility for people with physical disabilities, but there are many other types of accessibility which depend on mental and social factors. If our surroundings have been designed to take into account the diversity of human dimensions, perceptual, motor and cognitive abilities, they can better support human functioning. “… dimensional, perceptual, motor and cognitive diversity have to be taken into account when developing environments because everybody has the WISH, the NEED and the RIGHT to be independent, to choose his/her way of life and to live it without the environment putting barriers in his/her way” . Source: ECA – European Concept for Accessibility – Technical Assistance Manual, 2003 During the human life cycle, changes are inevitable. Everybody happens, at some point in their lives, to have temporary problems interacting with the environment. Some changes may be brought forward or postponed as a result of an individual's attitude to their surroundings: what they feel is possible or not. It is also the case that accidents, illnesses or personal choices also affect ways of relating to the environment, especially when it is not possible to avoid certain places or to choose when to be there. The importance of promoting Design for All in the context of Public Procurement is that it significantly helps to raise the quality of life for all citizens. EIDD (European Institute for Design and Disability), on the occasion of its Annual General Meeting in Stockholm on 9 May 2004, adopted the following Declaration: Across Europe, human diversity in age, culture and ability is greater than ever. We now survive illness and injury and live with disability as never before. Although today’s world is a complex place, it is one of our own making, one in which we therefore have the possibility - and the responsibility - to base our designs on the principle of inclusion. Design for All is design for human diversity, social inclusion and equality. This holistic and innovative approach constitutes a creative and ethical challenge for all planners, designers, entrepreneurs, administrators and political leaders. Design for All aims to enable all people to have equal opportunities to participate in every aspect of society. To achieve this, the built environment, everyday objects, services, culture and information - in short, everything that is designed and made by people to be used by people - must be accessible, convenient for everyone in society to use and responsive to evolving human diversity. 11 4. The social model of disability within the concepts of Design for All and Corporate Social Responsibility Design for All recognizes that “Inclusion” equals “Accessibility” and applies to social, cultural, intellectual and environmental conditions. Thus it challenges decision makers to ensure accessibility to the built environment, transport facilities and public spaces. Based on the Social Model of Disability (cf. Appendix 4), Design for All is design for human diversity, social inclusion and equality. The social model of disability recognises that when a person loses the use of a particular function they employ alternative functions to cope with living situations. For example: • a blind person uses touch and soun
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