B_I umweltbau: In your opinion, are energy efficiency and the CO2 footprint suitable award criteria?
Brunecker: Of course. But we should take a closer look at this. The amendment to the Procurement Ordinance VgV 2024 offers our clients and planners various ways to better take sustainability aspects into account in the procurement process. Accordingly, our planners and clients may record social and environmental aspects as features of the service description. In doing so, they may relate to the manufacturing process, the service provision, or another stage in the life cycle of the contract object (§ 31 VgV). Furthermore, the contracting authority may request proof that the bidder complies with an accredited environmental management system according to ISO 14001 or EMAS (§ 49 VgV). Incidentally, this approach is also expressly recommended by the Federal Environment Agency in the „Legal Opinion on Environmentally Friendly Public Procurement“.
It is also new that the contracting authority, provided that the award criteria are related to the subject matter of the contract and allow effective competition, may, in addition to price, also take environmental or social aspects into account as award criteria (§ 58 VgV). In addition, the contracting authority may specify that the award criterion “costs” is to be calculated on the basis of the life cycle of the service (§ 59 VgV). Finally, the requirements of the contracting authority are to be set at the highest level of energy efficiency in the service description (§ 67 VgV).
These and various other aspects are indeed viable ways to make the awarding of contracts more sustainable. Unfortunately, I see such aspects far too rarely in our construction projects. The laws have been made. We now only need to comply with them.
B_I umweltbau: Product integration is an effective instrument for increasing your own competitiveness and raising market share by expanding the portfolio. What are your experiences with the integration of sustainable building materials?
Brunecker: I must unfortunately state, somewhat soberingly, that the real willingness to use sustainable building materials is still very restrained. The courage of our clients to use the procurement options described earlier or to actually use sustainable building materials should also be supported in the print media. On the one hand, I understand the hesitant behaviour, because some manufacturers declare their products quite aggressively with rainbow colours and thus confuse the market. Just because manufacturers, for example, declare ingredients of products as free from substances of very high concern (SVHC Substance of Very High Concern), they are, in my view, by no means to be classified as sustainable or environmentally friendly. A correct step – but the real declaration of a sustainable building material requires at least an EPD (Environmental Product Declaration) according to ISO 14025 or ISO 21930.
B_I umweltbau: According to the coalition agreement of the CDU/CSU and SPD, the Supply Chain Due Diligence Act (LkSG) is to be abolished and replaced by a law on international corporate responsibility. Supporters celebrate the reduction in bureaucracy planned as a result, while critics fear a massive step backward for the protection of human rights and the environment. What is your view on this?
Brunecker: So I consider the public pressure being exerted against the law to be populist polemics, and the lobbyists have done a thorough job in Berlin. What is so reprehensible about companies committing themselves to preventing, or at least minimizing, the risks in their supply chains with regard to human rights or environmental aspects? Of course, the law is not perfectly designed in technical terms. Therefore, there are certain ambiguities regarding practicability. But the preparation of a policy statement, risk management, the definition of responsibilities, and regular risk analyses are really not rocket science and serve the purpose. We are ready to implement the law, even if the talk shows in this country only report on costs, bureaucracy, and competitive disadvantages. It is noteworthy that large industrial companies are already acting here and have aligned their award criteria very strictly with the requirements of the LkSG.
B_I umweltbau: How is social responsibility expressed in your company?
Brunecker: This is also a topic about which one could write books. But let us simply start with compliance with collective bargaining agreements. Because social responsibility in any case includes adherence to labour rights, fair working conditions, and the avoidance of discrimination of any kind. Added to this is the obligation to provide professional continuing education and training for young people. I consider it unacceptable that companies are still actually operating today in our infrastructure maintenance market without joining the construction industry social welfare fund and thus disregarding the legally binding collective agreements of the construction industry.