For the sake of simplification and clarity of the document, certain mental abbreviations were used, the purpose of which is to adapt the terms contained in ISO 19650 to those existing in Polish construction practice. Their reference is included in Table 1.
Table 1: Definitions used in the ISO 19650 [1] series of standards and their equivalents in the text of this document
Appointment Agreed instruction for the provision of information regarding works, goods or services, not necessarily a formal agreement between the parties Agreement
(Lead) appointed party (lead designer or general contractor) information provider for works, goods or services Contractor
Appointed party. Provider of information regarding construction works, goods or services. Contractor / subcontractor
Appointing party Recipient of information regarding construction works, goods or services 1. Ordering Party 2. Facility manager (in relation to the facility management stage) 3. Contractor (in relation to obligations on the Contractor - its subcontractors
Client Unit responsible for project initiation and approval of its plan Employer
Delivery team A team providing construction works, goods or services. Contractor / subcontractor
Asset A resource, including, inter alia, buildings, bridges, roads, processing plants Construction object (as the subject of investment)
Project Unique set of processes including coordinated and controlled activities with a time frame (start and end date), undertaken to achieve a specific goal (definition derived from ISO 21500 standard) Project (as an investment objective)
Due to the lack of an official translation of the concepts contained in ISO, the wording contained in this study should be considered as proposals (the official translation of the standard lies within the competence of the Polish Committee for Standardization). ORANGE BOLD TEXT INDICATES INFORMATION THAT THE READER OF THIS DOCUMENT SHOULD PAY ATTENTION TO.
The purpose of the stage of works under the project Digitization of the construction process in Poland (hereinafter: Project), which is summarized in this report, was primarily: in particular in building construction - housing; • Indication of recommendations regarding the scope of documents necessary for the implementation of investments using BIM in the construction of cubature - housing, taking into account: - previously conducted analyzes of the system of investment implementation using BIM in the European Union countries (Great Britain, Czech Republic and Poland), - comments of stakeholders obtained as part of consultations carried out in the previous stage, - comments from representatives of the construction sector obtained in the survey carried out in the previous stage, • Analysis of the possibility of using the indicated documents in the context of Polish law (in particular the Public Procurement Law Act and the Construction Law Act).
THE PRESENTED COMMENTS AND RECOMMENDATIONS WILL BE USED FOR THE DEVELOPMENT OF DOCUMENT TEMPLATES, WHICH ARE NECESSARY FOR INVESTMENTS IN CUBATURE CONSTRUCTION - RESIDENTIAL IN POLAND IN ACCORDANCE WITH THE JANUARY 2021. THE DISCUSSION OF INDIVIDUAL RECOMMENDATIONS WILL BE CONTAINED IN THE COMMENTARY CONTAINED IN THE DEVELOPED, AS PART OF THE NEXT STAGE OF THE WORKS, TEMPLATES
The ISO 19650 series, consisting of the standards indicated in Table 2, is an internationalization of the British BIM Level 2 standard as defined in the Publicly Available Specification (PAS) and British Standard (BS) series documents and contains essentially the same principles and requirements. Both series differ only in terms of the terminology used and the layout of the documents [1]. It is worth noting that - similarly to the islands - the use of the ISO standard is not obligatory - it is rather a set of the so-called 'Good practice' on information management principles and information in the context of digital transformation in the disciplines and sectors of the built environment (including construction and resource management) [2].
Table 2: ISO 19650 series of standards [1]
19650-1 Organization and digitization of information about buildings and civil engineering works, including building information modeling (BIM) - Information management using building information modeling - Part 1: Concept and principles 2018 BS 1192: 2007 + A2: 2016
19650-2 Organization and digitization of information about buildings and civil engineering works, including building information modeling (BIM) - Information management using building information modeling - Part 2: Delivery phase of assets 2018 PAS 1192-2: 2013
19650-3 Organization and digitization of information about buildings and civil engineering works, including building information modeling (BIM) - Information management using building information modeling - Part 3: Operational phase of assets 2020 (currently in draft1) PAS 1192-3: 2014
19650-5 Organization and digitization of information about buildings and civil engineering works, including building information modeling (BIM) - Information management using building information modeling - Part 5: Security-minded approach to information management 2020 (currently under construction2) PAS 1192-5 : 2015
There are other standards related to the ISO 19650 series, listed in Table 3.
Table 3: Standards related to ISO 19650 [3]
ISO 55000 2014 Asset management - Overview, principles and terminology Standard is the basis for the implementation and standardization of good technical management and maintenance practices in enterprises and organizations with significant technical assets in operation3. The following are the key principles from the point of view of resource information management: • The procurer combines resource management with the achievement of business goals through resource management strategies and plans (see also section 2.2.1 - OIR, strategic plans etc.); Adequate and timely resource information is one of the basic requirements for effective resource management; • Asset information management is initiated by top management within the asset owner / operator [3].
ISO 21500 2012 Guidance on project management Provides guidance on project management, including a general description of concepts and processes that are considered good project management practices to enhance their efficiency, regardless of their type, complexity and duration4.
ISO 9001 2015 Quality management systems - Requirements According to the standard, the key principles from the point of view of managing information about resources include: • Focus on the customer (recipient or user of information about resources or a project); • Use of the Plan-Do-Check-Act5 cycle (to develop and provide resource or project information); Involving people and encouraging appropriate behaviors, as well as focusing on the sharing of lessons learned and continuous improvement are key to achieving the expected results [3].
ISO 8000 2011 Data quality series The series discusses the standard of data quality aimed at ensuring their effective exchange between business partners. It defines the data as "portable data, ie data that can be separated from the application meeting specific requirements." This aspect is particularly important as data stored for long periods should be license-free (the software they come from).
The ISO / IEC 27000 2018 series Information technology - Security techniques - Information security management systems - Overview and vocabulary Standard provides an overview of information security management systems (ISMS) as well as terms and definitions commonly used in the ISMS6 family of standards
ISO 31000 2018 Risk management - Guidelines Contains risk management principles, frameworks and processes. The standard is not used for certification purposes but provides guidance for internal or external audit programs. Organizations using it can compare their risk management practices with an internationally recognized benchmark, ensuring that recognized principles of effective management are applied7
ISO 12006-2 2015 Building construction - Organization of information about construction works - Part 2: Framework for classification Standard defines the framework for the development of built environment classification systems over the life cycle of buildings. While it does not list the content of the tables, it identifies the recommended set of tables for a range of feature classes that are compatible with each view, such as by form or function. Shows how the feature classes are related, e.g. in the building information model 8
Due to the fact that British standards served (and still serve) as a model for the development of the ISO 19650 series, the guidelines contained in these documents are broadly the same, although there are some discrepancies, for example in terms of terminology [2], [4]. The most important of these include: • Introducing the concept of "level of information need" in place of the previously known levels of geometric and informational (non-geometric / alphanumeric) accuracy - the "level of detail" and "level of information". • The role of the "project implementation plan" was taken over by the "delivery team mobilization plan" (contractor's team mobilization plan). • Changing the extension of the acronym "EIR" from "employer's information requirements" to "exchange information requirements" - information exchange requirements. • Roles in ISO are called "functions", which should help avoid the often held perception that new jobs and team members are required, which was never intended [1 ]. • "BIM level 2" (called "BIM level 2") defined in British documents, in particular in the roadmap [5], has been defined in ISO as "BIM compliant with the assumptions of the ISO 19650 series", which include, inter alia, the use of federated information models created with the use of "manual" and automated information management processes, the assumption that information models contain "information containers" provided by relevant task teams (industry) for the resource or project. • "Employer" means, depending on the context, an "appointing party", "lead appointed party" or "appointed party" - generally a requirements definer. • ISO standard method and procedure (SMP) includes two concepts: information standard and information production method and procedure . • The concept of "volume strategy" has been modified into "federation strategy", which also applies to the spatial division of the information model. • ISO's "BIM Protocol" is known as the "project information protocol", still defining the terms and contractual clauses that apply to the exchange of information between the parties. In addition, the standard redefines terms and acronyms known from British standards, eg BEP, MIDP, TIDP, PIM, AIM, OIR, AIR. Reference to documents developed as part of the investment implementation in accordance with the recommendations of the British (PAS 1192-2) and international (ISO 19650) standards are presented in Figure 1.
Figure 1: Reference of the nomenclature of documents developed as part of the investment implementation in accordance with the standards: PAS 1192-2 and ISO 19650 [6]
For the user (in particular for persons representing requirements defining entities - contracting authorities or higher-level contractors), it may be of great importance that the ISO standard contains more explanations and guidelines on how to define information requirements under the EIR development than PAS. This process is described on the basis of the Project Information Requirements (PIR), which replaced PLQ (Plain Language Questions - general / plain language questions) [4]. European standards of the ISO 19650 series have been approved by the President of the Polish Committee for Standardization (PKN) and have obtained the status of a Polish standard, receiving the following markings:
PN-EN ISO 19650-1: 2018 Organization and digitization of building information about buildings, including building information modeling (BIM) - Information management using building information modeling - Part 1 - Concepts and principles
PN-EN ISO 19650-2: 2018 Organization and digitization of building information about buildings, including building information modeling (BIM) - Information management using building information modeling - Part 2 - Project implementation
Although the Standardization Act uses the term "standard" in reference to documents published by the International Standardization Agency, the terms "standard" and "standard" will be used interchangeably in this document.
For the user, not only Polish, it is important that the ISO 19650 series has been designed for scalability. It should be understood that the CONTENT OF THE STANDARDS SHOULD BE APPLIED PROPORTIONALLY AND APPROPRIATELY TO THE SCALE AND COMPLEXITY OF THE TASK CARRIED OUT. Many requirements are introduced with the phrase "take into account", which defines a list of scopes, which should be considered as part of the requirement, but only insofar as they are relevant to the project. It is good practice to document that all elements have been taken into account and whether or not further action is required.
Moreover, it should be borne in mind that the DEFINITIONS INDICATED IN THE DOCUMENT ARE THE ONLY USEFUL "CONCEPTUAL ABBREVIATIONS" FOR DESCRIPTION OF THE BASIC PRINCIPLES, PROCESSES AND RESULTS OF BIM AND WHEN APPLYING "PRESENTLY, ALWAYS PRACTICALLY APPLICABLE" ASSOCIATED WITH HIM [4]. Therefore, and also due to the fact that there are no agreed translations of the English terms used in ISO 19650 (their development is the responsibility of the Polish Committee for Standardization as part of the work on the Polish version of the standard), the terms used in this study should be treated as proposals, their original wording.
Specification and provision of project / resource information follows the following principles: • All resource and project information to be provided during the facility's lifecycle (identifying the need for a new investment, upgrading or extending an existing facility, and demolition), should be specified by the contracting authority through information requirements; • The scope of the required information is defined gradually through appropriate sets of requirements, taking into account their scope and indicating the situations or moments in which they must be provided (it should be understood that they are necessary for the entity defining the requirements to make key decisions and implement the required processes). Contractors are obliged to properly plan and provide information - this process is subject to agreement with the party defining the requirements; • If the contractor's team consists of more than one entity, the specified scopes of requirements should be communicated to the most appropriate one. For successive tiers of contractors (sub-contractors), requirements should be communicated in a cascade to ensure consistency of requirements throughout the supply chain; • Information exchange involves the exchange and coordination of information through CDEs, using, where possible, open standards and clearly defined operating procedures to allow a consistent approach for all parties involved. The ISO 19650 standard divides information requirements into two parts: • The information standard, which takes into account the level of information need, the method of their classification and structuring used; • Information production method and procedure, which take into account the methods of generating and managing information, adding new information to the existing ones, taking into account security principles. When defining the above scopes, the Ordering Party should take into account not only the requirements of its organization but also external entities with whom it will share (with whom it will share) information, e.g. offices.
Information requirements should primarily take into account the scope of the project and the purpose of the information. In addition, the requirements: • Related to the delivery phase should be expressed in terms of project stages and take into account the agreed work plan, the manner of contract implementation (procedure, e.g. "design and build" or separately "design", separate "build"), which the contracting authority intends to use or contractor; • Expression related to the operational phase in terms of foreseeable triggers in the life cycle, such as planned or reactive maintenance, fire equipment inspection, part replacement or resource management change of supplier. Providing information consistent with the information requirements should be one of the criteria for project completion or resource management. Due to the fact that the amount of information increases both at the project delivery stage (design and execution phase) and at the operational stage, it is important that only relevant information is transferred between the phases (project delivery and operation phase and vice versa9). Thanks to this, the process of managing them will be able to be carried out effectively. The information management process begins each time there is a new delivery phase or a triggering event in the operational phase. The process includes: • Preparation of information requirements; • Review of potential designated parties with regard to information management; • Initial and detailed planning of how and when information will be provided; • Review the information provided against information requirements before it is integrated into operating systems. The process of defining information requirements in accordance with the procedures contained in the ISO 19650 series does not differ significantly from that adopted in construction before the emergence of the standard. Due to the obligation imposed by the standard to indicate a number of additional recommendations regarding production methods and information management, the process of their development may be demanding for contracting authorities. Therefore, the templates that will be developed as part of the next stage of the work will be provided with additional comments to facilitate this process. Nevertheless, it can be expected that many contracting authorities will need additional consultations when specifying the requirements for projects implemented on their basis.
Organizational information requirements (OIR) define the scope of information necessary to meet the strategic goals of the entity defining the requirements. These requirements may be the result of, among others: • Strategic business activities and resource management, e.g .: - Audit and reporting in the field of the register of spatial and physical resources and their groups, natural hazards, extreme weather events or fire), - Safety management and supervision over own resources and neighboring or neighboring facilities, - Operation, preventive and reactive maintenance, repair and decommissioning or renovation (e.g. in terms of cost data, tasks, requirements); • Portfolio planning, eg in terms of planned capacity and extent of resource use; For reasons other than resource management, e.g. obligations to submit annual financial reports; • Regulatory obligations, eg related to the obligation to maintain the safety and health protection of facility users, to meet environmental requirements (CO2 emissions; energy and water consumption, amounts of waste generated, etc.); • Policy making, eg in the field of security. It should be taken into account that most organizations do not have specific information requirements. The templates developed as part of the Project, similarly to the ISO19650 standard, will not attempt to indicate their content, leaving the issue open to individual, impossible to include in a closed catalog, needs of ordering parties.
The asset information requirements (AIR) should be defined in such a way that it is possible to meet the requirements contained in the OIR adequate to the subject of the project. Although the resource management strategy and plan may result from many agreements or other AIR arrangements, it should constitute one coherent and coordinated set of requirements in this regard. These requirements include the administrative, economic and technical aspects of creating and managing resource information, where: • Administrative and economic aspects should include the standard of information and production methods, as well as procedures to be implemented by the contractor; • Technical aspects specify the information required to meet the resource requirements in OIR (see section 2.2.1). The AIR document should include information arising from possible triggering events10 and address safety requirements where appropriate. In situations where the supply chain is defined as part of the provision of information on resources, the AIR requirements can be divided into packages and communicated to the appropriate (most appropriate) parties. It may be necessary to extend the requirements specified by the contracting authority. Due to the scope of the Project (not including the operational period), the templates will not specify the requirements for this phase.
Project information requirements (PIR) define the contracting authority's requirements for a given task, and thus its project information model (PIM). Their content is determined both by the issues related to the project management process and the resource management process. The purpose of the PIR study is to explain the scope of data, the date and method of their delivery and the recipient in relation to the key decision points of a specific project.
The exchange information requirements (EIR) define 3 aspects of creating information: • managerial; • Business (ang. Commercial); • Technical.
The first two include requirements included in British standards as a standard method and procedure (in ISO: information standard and information production methods and procedures). The technical aspects of the EIR should define the scope of information needed to answer the Project Information Requirements (PIR, see also section 2.2.3).
EIR is basically a resultant of the organization's requirements - OIR (strategic for the entity defining the requirements), information about resources - AIR (regarding operation) and about the project - PIR (specific for a given task, necessary for its proper implementation until commissioning). The information exchange requirements should define: information content in relation to project stages (milestones) and criteria for their acceptance. They may also contain additional information to help the contractor better understand them, e.g. references to relevant standards.
Each party that defines the requirements for the project (the contracting authority or higher-tier contractors) may define its own EIR, with the proviso that the requirements should be cascaded to an appropriate extent (i.e. to the successive contractors), but each entity defining the requirements may also set additional requirements for its subcontractors ( these requirements should be consistent throughout the supply chain).
The EIR template will be the basic document to be developed under the Project. Its scope will be adapted to the possibilities of the Polish market in relation to the results of surveys and consultations carried out under the previous stages. The commentary, which is a discussion of the template, aimed at helping contracting authorities to supplement it, will also take up more advanced issues, leaving the entities defining the requirements a choice in terms of their amount.
As indicated in point 2.1, ISO 19650 does not use the terms "level of detail", "level of geometry", "level of development" and "level of information". This does not mean that it does not allow them to be used as measures to determine the level of information required for a task. In principle, any method which fully and unambiguously defines the minimum11 scope of information in terms of its quality, quantity and detail required to achieve the assumed objectives is acceptable. At the same time, it should be borne in mind that the level of information need is closely related to the federation strategy and may change from stage to stage.
By "information container" is meant a specific persistent set of information associated with a task force recoverable from within a file, system or application storage hierarchy. It can contain structured information (e.g. geometric models, schedules and databases) or unstructured information (e.g. documentation, video and audio recordings). The naming of information containers should follow an agreed convention.
The set of information containers creates an information model that can be largely equated with the "industry model". However, it should be remembered that the "information (industry) model" should not be identified only with its three-dimensional representation, but with all information related to a given industry study (including documentation, statements, animations, etc.). An industry model may also be composed of several information models (e.g. for large or complex projects).
The method of assembling individual information models to obtain a specific view is described in a "federation strategy". For different purposes, different systems of related information containers can be defined, e.g. for functional analysis, detailed information about building partitions does not have to be provided, but only the spaces (zones) existing in the facility, while for spatial coordination, an information container containing the geometry of the information model elements. The idea of a federation strategy is presented in Figure 2.
Figure 2: Illustration of the structure of the division into information containers. Source: Figure A.3 [3]
The federation strategy should be updated as new task forces are appointed, but also when the nature of the work performed changes, especially in the project delivery - resource management line (i.e. during the transition of information from PIM to AIM and vice versa). ISO indicates that a federation strategy for information containers should have the following features: • Each information container should be directly related to at least one predefined information requirement; • The development of each information container should be assigned to only one task force (industry) so that information contained in different containers does not duplicate12; • The task force is responsible for the development of at least one information container; • If the policy defines only one set of containers, each task force must be assigned one or more information containers from the set; • The strategy is determined jointly by entities involved in the development and exchange of information. The method of making it available should take into account specific principles of information security; • The purpose of developing a strategy is to help plan the information production process until reaching a certain level of information need (see section 2.2.5 p. 14); • The strategy is implemented by the use of CDE (automated checking of the information provided should be considered if the environment is able to do so); • General information (indicating, for example, the type of a given device) should be used before selecting or manufacturing / incorporating an element. After embedding, they should be replaced with specific information about the built-in / mounted object.
Information models are repositories of structured and unstructured information necessary for decision making throughout the life cycle of the built environment resource, including the design and construction of new facilities, the reconstruction of existing facilities, and their operation and maintenance.
As part of the investment, two types of models are distinguished:
• Asset information model (AIM);
• Project information model (PIM).
The above models are produced throughout the life cycle of related information, and the level of their accuracy known as the "level of information need" is closely related to the scope and type of decisions made on their basis.
It is an information model implemented in the project delivery phase (design and works execution stage), whose task is to support its implementation and the resource management process. Provides the ability to control the implementation and a long-term archive of the project. The Project Information Model may include data on design geometry, equipment location, design performance requirements, delivery method, cost, and details of installed systems, including maintenance requirements during facility construction.
PIM is developed gradually - first as a design intent model, the purpose of which is to provide a general representation of the design elements (usually consisting of simple 2D solids or symbols). Then, as part of the design progress, the model is detailed - its level of accuracy is increased, the objects are attached to specifications, instructions, etc. After the design process is completed, the model of design assumptions is transformed into a virtual construction model, all objects that are to be produced, installed or built as part of the implementation of the object.
PIM is managed within the Common Data Environment (CDE) and typically consists of:
• Series of curated building information models, including non-graphical data and related documentation including native files and in IFC format;
• COBie (Construction operations building information exchange) data and other structured data such as schedules;
• Reports and other studies, eg in PDF13 format.
The contracting authority's requirements for PIM are included in the project information requirements (PIR; see also section 2.2.3, page 13).
It is an asset information model, the purpose of which is primarily to support resource management processes, but also to provide input data for project implementation (e.g. in the event of a facility renovation, the information model objects may include hardware registers, data on their condition, property ownership details, etc.) . This model should contain all the data that the contracting authority wants to manage at the facility operation stage.
The asset information model is created as a result of the fulfillment of obligations specified by the contracting authority in the Asset Information (AIR) requirements - see section 2.2.2, page 13
In order for the cooperation between people and organizations related to project implementation or resource management to be successful, different sequences of input and output data are used depending on the project objectives:
• Scenario No. 1: project implementation without considering resource management issues: PIR-EIR-PIM;
• Scenario 2: resource management without project implementation: OIR-AIR-AIM;
• Scenario # 3: Combined Project Delivery and Resource Management: OIR-AIR-EIR-PIM-AIM and PIR-EIR-PIM-AIM [2].
Due to the scope of this Project, the templates developed in the next stage will apply to scenario no.1: PIR-EIR-PIM. Therefore, the scope of the information requirements for AIM will not be discussed in detail.
Each contractor (the main contractor and its subsequent subcontractors) is required to agree on a plan for providing information that meets the requirements specified for the project. Initially (before signing the contract) these plans do not have to be complete and detailed - they should be developed to an extent that will allow the requirements defining entity to verify their correctness and usefulness in the context of the entire project, in the short or medium term.
Regardless of the scope developed, the information delivery plan should contain the following meta-information14 (see also the content of the individual information delivery plans below):
• How to meet the requirements specified in AIR or EIR;
• The scope of information to be provided;
• The manner in which they will be delivered, including: formats, attribute names, information container structure (see point 2.2.6 p. 14);
• How it will be coordinated with information from other parties;
• Planned deadlines for delivering information in relation to milestones (project or resource management stages);
• Information delivery times actually achieved;
• Which entities will be responsible for delivering particular scopes of information;
• The entity that will be their recipient.
All solutions for the provision and exchange of information should be verified by the contractor prior to the commencement of work, at least in the following scope:
• All arrangements necessary for the proper implementation of the project were made;
• Adequate information management procedures are in place;
• The information provision plan takes into account the technical and procedural possibilities of the contractor;
• The contractor has appropriate knowledge, skills and experience (in the event of a negative assessment, appropriate training should be provided);
• Technological facilities enable the fulfillment of specific requirements.
Each information provided under the project is verified and validated for its usefulness by the party defining the requirements (higher-level contractor or contracting authority). Feedback loops provide that, if necessary, information may be changed as a result of an agreement between the parties initiated by either of them. In the event of changes to the information requirements or when the supply chain changes (e.g. at the moment of transition from the design phase to the implementation phase or when another entity joins the contractor's team), but also in the event of a delay in implementation (e.g. resulting from the implementation of the contractor selection procedure). works), the information delivery plan should be verified or new scopes developed and the information provided should be verified. This procedure is illustrated in Figure 3.
Figure 3: Diagram of an information management plan. Source: [3]
There are two types of information delivery plans:
• A task information delivery plan, developed for each task (usually industry), indicating for each information container at least:
- Name,
- Level of information need,
- Dependencies on other containers (e.g. data required to be provided for the development of a given information container),
- Estimated production, coordination, review and approval times,
- The author responsible for the production of the information,
- Milestones by which a given information container must be provided;
• Master information delivery plan, which is the submission of task plans for the project and defines the results (ranges of data packages) and the dates of their delivery.
The main contractor is responsible for drawing up the master data delivery plan. Submission of task plans requires taking into account the obligations indicated in the detailed responsibility matrix and the time needed for internal (within the contractor's team) and external (by the contracting authority) approval of data packages.
The main data delivery plan is also aimed at identifying threats resulting from the delivery dates of individual data packages (e.g. when the dependence between the production dates of individual information containers does not allow meeting the milestones defined by the contracting authority).
The provision of information requirements is closely related to the need to verify whether a given entity has the appropriate abilities (experience or skills) and resources (technical, organizational or other) to meet them. The verification process is carried out by the contracting authority, contractor or an independent entity in the following situations:
• The contracting authority plans to provide the information requirements to the contractor or a group of contractors;
• The contractor plans to transfer the requirements or part of them to the subcontractor.
A capability review may be performed in a single or multiple stage (e.g. in the case of prequalification). Full verification includes:
• Commitment to comply with the information requirements and those contained in ISO 19650;
• Contractor's ability and experience in container-based collaborative working as referred to in point 2.2.6 p. 14;
• Access to technologies indicated by the contracting authority or proposed by the contractor and experience in this field;
• The required number of suitably experienced and equipped personnel.
There is limited scope for verification in the case of framework contracts or other long-term commitments. Regardless of the scope of verification, it should be presented to the verified party.
The examination of contractors' abilities is a typical element of procedures carried out in Poland in accordance with the provisions of the Public Procurement Law. The scope of the study recommended in the templates will be adapted to the procedure for which the document templates will be developed.
ISO 19650 information management functions should not be understood as jobs or positions. They should also not relate to design obligations. Functions, responsibilities and powers should:
• Be assigned to entities or persons on the basis of their ability;
• Be reflected in contractual provisions;
• Reflect the complexity of the project information management process.
Table 4: Information management functions according to [3]
Management of information about resources Taking into account the long-term nature of information about resources, it should be borne in mind that these functions will be performed by subsequent organizations or persons (the information management process should therefore include succession in this respect). Checking the accuracy of the information provided by each designated party; their authorization for inclusion in AIM. One or more contracting staff / facility managers. It is important to ensure that functions are assigned throughout the life of the resource
Project information management It is important that functions are allocated throughout the project, but the sequence of meetings and their scope should reflect the procurement itinerary used. Management in establishing the project information standard, information production methods and procedures, and the principles of CDE functioning for the project. The contracting authority assigns responsibility for providing information to the designated contractor or contractors (depending on the complexity of the investment task).
Task information management Information management at the task team level concerns information related to this task and the coordination of information in many tasks. Task information management, information coordination with other task teams. Information management functions should be assigned to each task force
In tasks of a smaller scale of complexity, the above functions may be performed by one person / entity, for larger tasks it is recommended to separate individual scopes of responsibility into several people. Appropriate provisions in this regard will be included in the developed documents
The responsibility matrix can be used to describe the information management functions. It arises as a result of the planning process of the information delivery and management process. This matrix describes:
• Information management functions;
• Tasks related to managing project or resource information.
ISO 19650-2 provides an example responsibility matrix, the template of which is shown below.
Table 6: Responsibility matrix - formula based on [7],
As part of the matrix for individual tasks, it should be determined using the following symbols:
• [R] - entity responsible for the implementation of the task;
• [A] - entity responsible for the completion of the task (accountable);
• [C] - the entity consulted;
• [I] - the entity that should be informed about the termination of the activity (informed)
The CDE workflow is used to support the joint production, management, sharing and exchange of all information during the operational and delivery phases. It is possible thanks to providing access to information to entities which need this access to meet the information requirements. In the process carried out in accordance with ISO 19650, the use of CDE enables the development of a federated information model
According to ISO 19650, CDE should have the following characteristics:
• Database management capability to manage the attributes of information and metadata containers by implementing the following rules:
- Each information container has a unique identifier based on an agreed and documented convention made up of fields separated by a separator,
- Each field in the sequence should be assigned a value from an agreed codification standard,
- Enable a workflow that covers multiple iterations of the development of a given information container, which includes the phases of delivery, verification, approval and authorization. Transition from one state to another should be subject to approval and authorization processes as indicated in Table 5,
- Document the condition of the container by specifying: a modification code, a status code indicating the permitted use of the information (the user bears the risk of using it for other purposes) and by reference to the classification In Poland, the reference to the classification system is not justified as it does not exist for the purpose of handling construction investments with the use of BIM;
- Data about the user making the change of status (name, date) are recorded,
- CDE resource access is defined at the information container level;
• Ability to provide information about updates to team members;
• Ability to maintain an audit trail of information transfer;
• Division of labor may involve the collaboration of different information systems or technology platforms.
Table 5: Workflow in CDE [2]
Work in progress / current own work (work in progress) Information generation, coordination. Work in progress is the area of activity of the task force. Information in this state should not be visible or accessible to other teams. Responsibilities of task forces in this area include: • Generating information in accordance with the project's information standard and the adopted methods and procedures for creating information, while taking care not to produce information that exceeds the required level of information need and should be contained in another container informational; • Coordination (including geometric) of the information generated with other information models provided under CDE (including their airworthiness codes).
Work in progress / current own work. Check - carried out within the task team. As part of the check, each task force verifies the information produced by comparing it with the information provision plan and project information standards. This is a "technical" check - it does not include information quality verification (scope of action "review / approval). A compliant information container is marked with the appropriate status - "checked" - and reviewed and approved
Work in progress / current own work (work in progress) Review / approval - implemented as part of the task force. Information containers should be verified for compliance with the methods and procedures for creating information adopted for the project, in particular: • The information requirements under the EIR or AIR and their acceptance criteria; • The level of information need; • The scope of information necessary for coordination with other task forces. It is a complete quality control of the information produced. The successfully verified information container is marked with an appropriate suitability code and is transferred to the shared information area (the "shared" area).
Shared area / shared work. Co-ordination of task teams The shared area is used for mutual coordination of task teams. Editing information models requires you to return them to the work in progress area. This area also includes information to be authorized (this area is also called "client shared").
Shared area / shared work. Review / authorize Review / authorization consists in comparing the information content of the container (exchange product) with the requirements of coordination, completeness and accuracy. Approval is associated with becoming "published". Its purpose is to separate input data for the next stage of the project implementation from data that may be subject to change.
Published) Provision of information The "published" area contains information that has been validated in terms of its usability (eg for construction or resource management). This status should be given to all data contained in the PIM at the end of the project and in the AIM at the operational stage.
Archive none An alternative to the "published" area, the CDE used to store information with the "published" status. This area contains a record of the development history and an audit of the scope of information produced under the project, as well as data that was used to develop more detailed work.
ISO 19650 recommends that the CDE be defined before the invitation to tender is published - information at the stage of the procedure should be provided through the CDE. According to the survey carried out with representatives of the construction industry, the scope of CDE application in Poland is not high, but due to its key role in the information management process under the project, the templates will take into account the requirement of its use.
The ISO 19650-2 standard describes the management process at each of the eight identified project stages, which are schematically presented in Figure 4 on page 26. The purpose of the information presented in Table 6 is to indicate the main steps in the information management process in accordance with ISO 19650, not to detail specific points. .
The project implementation scheme presented below is achievable in Polish conditions. It should be understood that there are no contraindications, including legal contraindications, regarding the conduct of investments according to the following pattern.
Table 6: Elements of the information management process according to ISO 19650
1 Assessment and need
1.1 Appoint a person to perform an information management function X This could be an employee of the contracting authority, contractor or a third party (eg external consultant).
1.2. Establishing information requirements for the project X The contracting authority should define the information requirements for the project (PIR), taking into account the requirements of the organization (OIR). See also: point 2.2 and point 2.3 p. 16.
1.3 Establishing milestones of the project X For milestones, the date and scope of information necessary to provide the scope of information that will allow the contracting authority to make key decisions related to the project, eg for the concept stage - to determine the economic viability of the construction of the object, should be determined.
1.4 Establishing the project information standard X See section 2.2, page 11.
1.5 Establish Information Production Method and Procedure X See 2.2, p. 11.
1.6 Specification of reference data and resources made available X The contracting authority should indicate to contractors the scope of data that they should take into account in the implementation of the project, e.g. data on existing resources, document templates, libraries that need to be used or other data (e.g. from previous stages of the project) . As far as possible, this information should be provided in open formats (e.g. in order not to restrict competition).
1.7 Determining the CDE of the project X ISO recommends that the contracting authority provide (implement and configure) a common data environment for the project (CDE) - see also section 2.7 p. 20. The contracting authority may also entrust the operation of CDE to a third party (in this case it must specify the functionality requirements) CDE).
1.8 Establishing the project information protocol X The project information protocol (annex to the contracts specifying the rules for the created and shared information) should be attached to all contracts concluded as part of the project implementation (both with the contractor and between the contractor and its subcontractors). Its content should take into account the obligations of the parties in the field of information management and creation, also in relation to CDE, intellectual property rights, licensing rules, use of information generated under the project, including after project completion
2 Invitation to tender
2.1 Establishing requirements for the exchange of information by the contracting authority X The contracting authority is obliged to define the requirements that a potential contractor must meet, including the requirements for participation in the procedure (e.g. with regard to its resources) and additional requirements (if are adequate) along with the criteria for their fulfillment
2.2. Collection of reference information and shared resources X If the contracting authority provides a CDE, it should collect and make available to the tenderers or selected economic operator the reference information referred to in point 1.6 of this table.
2.3 Establishing the requirements for tenders and the criteria for their evaluation X Requirements that must be met by contractors applying for the award of the contract may relate to, inter alia, to the content of the (offer) BIM implementation plan, the assumptions of the mobilization plan, personnel competences, resources, risk management processes.
2.4 Collecting the documentation of the proceedings X The documentation of the proceedings consists of all the information and documents referred to above (in points 1.1 - 2.3 of this table).
3 Preparation and submission of the offer
3.1 Appoint a person to perform the information management function X The contractor's team should have a person (or persons - depending on the size, complexity of the project or other factors) tasked with managing information within the project. When appointing this person, the contractor should consider the information requirements, scope of tasks and competences, and possible conflicts of interest. See also: point 2.6.1 p. 19
3.2 Developing the contractor's BIM execution plan X X Based on the EIR requirements, the contractor should prepare a BIM execution plan attached to the offer. It may contain, among others details of the persons referred to above (point 3.1 of this table), strategy for providing information, proposed federation strategy, full liability matrix (see also point 2.6.2 p. 20), proposed changes to the documents provided by the contracting authority tach (if their provisions are negotiable), information on tools dedicated to the implementation of the project.
3.3 Assessment of the capacity and resources of the task forces X Each task force should assess the capacity with regard to the creation and management of information and the scope of resources, including IT, against the project information requirements.
3.4. Establish contractor team capacity and resources X The contractor collects capacity and resource assessments developed by task teams (subcontractors) and produces a summary of the contractor team's ability to manage, generate and deliver information on time.
3.5 Establish a proposal for a delivery team mobilization plan X The mobilization plan should include, inter alia, configuration of IT resources, testing of proposed methods and procedures for creating and exchanging information, and training.
3.6. Preparation of a contractor's risk register X A risk register should be drawn up and monitored to identify risks against the timely provision of information.
3.7. Preparation of the offer X In response to the contracting authority's requirements, the contractor provides together with the offer: a preliminary BIM implementation plan, a summary of the assessment of resources and capabilities, a mobilization plan and an assessment of risks related to the provision of information.
4 Signing the contract
4.1 BIM execution plan (BIM execution plan) approval X X X The contractor is obliged to agree with the ordering party the information contained in the initial (offer) BIM execution plan.
4.2 Agree on a detailed contractor liability matrix X X X See point 2.6.2 p. 20.
4.3 Establishing the main contractor's requirements for information exchange X The contractor should provide each of its subcontractors with the appropriate scope of the contracting authority's requirements and - if necessary - the scope of additional requirements. See also: section 2.2.4, page 13.
4.4 Agreeing on a task information delivery plan X Each task force should develop an information delivery plan as described in section 2.4, page 17.
4.5 Agree on the master information delivery plan X The prime contractor is responsible for linking the information contained in the job-related plans, ie creating the master information delivery plan as described in 2.4 p. 17.
4.6 Completing the main contractor's contract component documents X X The contracting authority should include in the contract with the contractor the information requirements and studies listed in points 4.1 - 4.3 and 4.5 of this table
4.7 Completing the contractor's contract documents X X The contractor should attach to contracts with its subcontractors the following information requirements, documents agreed with the contracting authority and information plans on tasks.
5 Mobilization
5.1 Mobilization of resources X X At the mobilization stage, first of all, make sure that all parties understand the scope of the project and the procedures adopted for it, conduct the necessary training if necessary and confirm the availability of team members' resources.
5.2 Mobilization in the field of information technology X X Covers the implementation, configuration and testing of IT resources to meet the procedures specified in the BIM implementation plan (including data exchange between contractor's team members and with the contracting authority).
5.3. Testing of methods and procedures for information exchange and production X X Includes verification of the effectiveness and compliance of the procedures specified for the project.
6 Producing information together
6.1 Verification of the availability of reference information and of the resources made available X X This activity is necessary to ensure the proper implementation of the project.
6.2 Information generation X X See work in progress in section 2.7.
6.3 Quality control X X See work in progress in section 2.7.
6.4 Review of information and approval for release X X See work in progress in section 2.7.
6.5 Overview of information models X X See work in progress in section 2.7.
7 Provision of the information model
7.1 Submission of the information model to the main contractor for authorization X Before making the information model available, each subcontractor has to provide the generated information to the main contractor on CDE (see also point 2.7).
7.2 Information model review and authorization X The prime contractor is responsible for the information model reviews provided by its subcontractors to meet the master information provision plan and information requirements.
7.3 Submission of the information model for authorization of the orderer X X Approval of the information package results in authorization and transfer of information models to the orderer
7.4 Review and approval of the information model X X X If the review is successful, the contracting authority accepts the information model, otherwise rejects it.
8 Completion of the project delivery phase
8.1 Archiving project information X Accepted information models should be archived, bearing in mind: • Information containers that will be part of the Asset Information Model (AIM); • Possibility of their reuse; • Retention policy, such as security.
8.2. Gathering conclusions for subsequent projects (lesson learned) X In order to ensure a more efficient implementation of future projects, it is important to draw conclusions from the undertaken activities and record them. This process should be carried out throughout the duration of the project.
Figure 4: Information management process [compiled from ISO 19650]
Legal analysis of the possibility of applying the BIM standard in Poland, including through the implementation and application of selected solutions specified in ISO 19650-1 and 19650-2, requires, first of all, to determine whether the currently applicable provisions of Polish law provide sufficient grounds and allow for the determination of BIM and whether they allow the definition and use of tools that are used to implement the project in the above-mentioned model. Secondly, it is necessary to determine whether the applicable legal regulations create limitations or barriers to the use of the BIM model and tools to which the ISO 19650-1 and 19650-2 Standards refer. Due to the specific objectives of the project, and above all the scope of this study as relating to the applicability of the solutions and tools specified in ISO 19650-1 and 19650-2, this analysis covers selected areas and legal regulations, key from the point of view of the BIM model as part of public investments, including, in particular, the public procurement law, the act on copyright and related rights and the construction law.
As an introduction, it should be noted that the regulation in force as at the date of preparation of this study regulating the rules for the preparation and conduct of public procurement procedures, i.e. the Act of January 29, 2004 (i.e. Journal of Laws of 2019, item 1843 as amended) - hereinafter : "Pzp" - from January 1, 2021 it will be replaced by the provisions of the Public Procurement Law Act of September 11, 2020 (Journal of Laws of 2019, item 2019, as amended) - hereinafter: "New Pzp". For this reason, this study contains references to the provisions of the New Public Procurement Law, but also indicates similar provisions of the Public Procurement Law as well as practice, jurisprudence or doctrine views formed on the basis of the existing regulation. Both the provisions of the Public Procurement Law and the New Public Procurement Law were based on the regulations of the Community public procurement law resulting from Directive 2014/24 / EU of the European Parliament and of the Council of February 26, 2014 on public procurement, repealing Directive 2004/18 / EC ("Directive 2014 / 24 / EU ") and Directive 2014/25 / EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors, repealing Directive 2004/17 / EC ("Directive 2014/25 / EU"). The provisions of the directives do not contain detailed regulations regarding the requirements for designing with the use of BIM. Nevertheless, in both directives - respectively in Art. 22 sec. 4 of Directive 2014/24 / EU and art. 40 sec. 4 of Directive 2014/25 / EU, it is indicated that: in relation to public works contracts and design contests, Member States may require the use of specific electronic tools, such as electronic construction data modeling tools or similar. At the same time, when required, contracting authorities must offer alternative means to such tools by the time they become generally available. Importantly, apart from the above-mentioned provisions, the EU directives do not define separate, detailed requirements or in any way clearly refer to the use of electronic modeling tools for construction data by contractors. Moving onto the ground of national regulations - in Art. 10e of the PPL Act currently in force, the Polish legislator has included a regulation in the wording analogous to the Community provisions - indicating that in the case of contracts for construction works or contests, the contracting authority may require the use of electronic modeling tools for construction data or similar tools, and if such a requirement is formulated, the contracting authority is obliged to provide means of accessing such tools until such tools are generally available. Somewhat differently, this provision was formulated in the New Public Procurement Law - in accordance with Art. 69 sec. 1 in the case of works contracts or design contests, the contracting authority may require the preparation and presentation of tenders or competition entries using electronic construction data modeling tools or other similar tools that are not generally available, in which case the contracting authority provides the possibility of using an alternative means of access for such tools.
Analysis of the above-mentioned Community and national legislation leads to the following conclusions:
1. Pursuant to Directive 2014/24 / EU and 2014/25 / EU as well as acts of national law, the provisions regarding the requirement to use BIM refer to and were placed in accordance with the above-mentioned systematics. legal acts, to the rules of communication between the contracting authority and contractors. Both Art. 22 of Directive 2014/24 / EU (and analogously art. 40 of Directive 2014/25 / EU) as well as the provisions of art. 10e of the Public Procurement Law and art. 69 of the New Public Procurement Law clearly indicate the rules of communication between the contracting authority and contractors, and not detailed rules concerning procedures concerning contracts for design services or construction works or the related requirements. Even more emphasis is placed on linking the above-mentioned regulations with the principles of communication result from the provisions of art. 69 sec. 1 of the New Public Procurement Law, which indicates the possibility of requiring contractors to prepare and present tenders or competition works using electronic modeling tools for construction data, while EU directives use a broader concept: requirements, in construction contracts and contests, the use of tools by contractors electronic modeling of building data.
2. At this point, it should be noted that in the New Public Procurement Law, the Polish legislator decided to implement the provision of Art. 22 sec. 4 of Directive 2014/24 / EU in such a way that the use of electronic construction data modeling tools is limited to "preparation and presentation of offers". The above may raise doubts as to whether the Polish legislator has limited the use of BIM only to the preparation and presentation of the offer, and not to the use of BIM tools at the stage of the contract. Similarly, included in the above-mentioned provision, wording: in the case of contracts for construction works or In other competitions, procuring authority may suggest that the use of BIM has been restricted to works contracts only (ie 'build' or 'design and build') or contests and will not apply to contracts for design services. However, such doubts do not seem to be justified for the following reasons: first, as mentioned above, Art. 69 sec. 1 of the New Public Procurement Law concerns strictly the rules of communication between the contracting authority and the contractor, and thus also the rules for presenting and submitting an offer. Secondly, the contractor is obliged to perform the contract in accordance with the submitted offer - thus, the requirement for the contracting authority to prepare and submit the offer in accordance with BIM will also imply the performance of the contract in accordance with the presented offer and additional requirements specified by the contracting authority in the documentation of a given order. As for the lack of an explicit indication in the provision of Directive 2014/24 / EU and Art. 69 sec. 1 of the New PPL for service contracts, including design services - a rigorous and literal interpretation of the above-mentioned the provision may at best lead to the conclusion that in the procedure for services it is not possible to require the submission of an offer using BIM tools. However, the above regulation does not exclude the use of BIM or the formulation of requirements for the performance of the subject of the contract (design documentation) in the BIM model. Moreover, resulting from Art. 22 sec. 4 of Directive 2014/24 / EU, the indication of public contracts for construction works and contests - most likely due to the fact that when preparing offers for the above-mentioned of the subject of the contract, the contracting authority may expect or require the contractor to use the input data already held by the contracting authority in the formats used in BIM, while in the case of contracts for design services, the design documentation in a specific format is the subject (effect) of a given contract.
3. Neither the EU Directives nor the New Public Procurement Law explicitly formulate the right, requirement or obligation for contracting authorities to use BIM in public procurement procedures. However, the lack of such an explicit right or obligation does not deprive contracting authorities of the right to formulate requirements for the implementation of project documentation using BIM, either as part of service contracts (preparation of design documentation) or as part of works contracts (in the form of "Design and build" or "build"). The use of BIM to prepare design documentation (construction or executive) and the use of the BIM model in the implementation of construction works or the provision of maintenance services (facility management) is only a tool for achieving the goal and determining the method of performing the subject of the contract, including the method of preparing design documentation or performing construction works using the method of electronic modeling. For this reason, the lack of an explicit reference in the provisions of the New Public Procurement Law to the right or obligation to use BIM (with the exception of Art. 69 of the New Public Procurement Law relating to the form of the offer) does not prevent the awarding entities from formulating such requirements. The requirement to use BIM can and should result from the description of the requirements formulated by the contracting authority in the documentation of the procedure (specification of the terms of the contract, description of the subject of the contract) as part of a given contract award procedure - which is discussed in more detail in point 3.4 below.
4. The provisions relating to the use of specific electronic tools, such as Electronic Building Data Modeling (BIM) tools, are both a right and not an obligation under both Community procurement law and national law. In other words, Member States may or may not require procuring entities to use procurer-contractor communication tools to use electronic building data modeling tools. Therefore, under Polish law, requiring the contractor to use BIM tools to prepare the offer is a right, and not an obligation, of the contracting authority. Taking into account the nature of the provisions of the directive, which define the minimum standards, the above does not, however, exclude the possibility of the Polish legislator introducing a mandatory requirement as to the use of electronic modeling tools for construction data when preparing offers.
5. It should be noted that both on the basis of EU Directives and national regulations (the second sentence of Art.10e of the Public Procurement Law and Art. 69 (2) of the New Public Procurement Law), the contracting authority's obligation to provide contractors or competition participants with an alternative means of access to tools for electronic modeling of construction data. As indicated above, the location of the above-mentioned regulations in the systematics of legal acts indicate their relationship with the form of communication and the requirements resulting from the use of e-procurement, i.e. the electronicisation of procedures for contract award. Due to the innovative solutions and the principle of availability applicable in e-procurement, the possibility of setting requirements for the use of BIM has been limited in such a way that it is the contracting authority's responsibility to provide access to tools that enable the use of BIM. Such formulation of the provisions of the New Public Procurement Law does not, however, constitute a limitation in the application of BIM, and results from the model adopted in Art. 24 sec. 4 of Directive 2014/24 / EU. Under this provision, contracting authorities must offer alternative means of access to BIM tools until such tools become generally available. By "generally available" we mean such dissemination and accessibility of a given tool that does not limit the access of contractors to the procedure, nor does it discriminate against contractors. It should be noted that Directive 2014/24 / EU was adopted in February 2014, and since then there has been significant technological progress in the field of electronic modeling tools for construction data and their availability. Nevertheless, in each case of using BIM, the contracting authority should assess whether the formulation of such a requirement will not discriminate against contractors and whether it will not lead to a restriction of competition in a given procedure. At the same time, competition may be maintained by providing the contracting authority with access to BIM tools, e.g. by indicating which publicly available and free tools may be used by the contractor for the purpose of preparing and presenting an offer using BIM. At this point, however, it is worth emphasizing that even on the basis of public procurement, the principle of maintaining fair competition is not absolute. This means that the contracting authority does not have to formulate requirements in a given procedure in such a way as to enable all contractors to submit a tender without exception. The obligation to comply with the principle of competition is not an absolute obligation - the contracting authority has the right to define the subject of the contract and the manner of its implementation so that they meet its expectations (justified needs), even if it would preclude the possibility of performing the contract by some contractors operating in a given market segment. The requirements of the contracting authority must, however, be related to its objective needs, thus not leading to unjustified discrimination or privileging specific contractors (cf. judgment of the National Appeals Chamber of June 30, 2017, file ref. KIO 1080/17; KIO 1086/17) . In other words, the principle of competition is not an end in itself for which the contracting authority conducts the procedure. This goal is to satisfy the contracting authority's own, justified needs by means of a purchase. Thus, the principle of competition cannot boil down to depriving the contracting authority of the right to construct requirements in such a way that it fully reflects the expectations regarding the purchased service.
An indispensable element of a work which is design documentation are the rights of the author or authors of such a study. The provisions of the Act on Copyright and Related Rights of February 4, 1994 (ie Journal of Laws of 2019, item 1231) very broadly define the subject that is subject to protection under the above-mentioned the law. According to Art. 1 clause 1 of the Act, the subject of copyright is any manifestation of creative activity of an individual nature, established in any form, regardless of its value, purpose and manner of expression, i.e. a work. In art. 1 clause 2 above the Act indicates works subject to protection, which include, inter alia, works expressed with graphic signs, or architectural, architectural, urban and urban works. Importantly, the catalog of works that are the subject of copyright, as defined in Art. 1 clause 2 is exemplary and open, which means that a work to be protected may, in principle, be any manifestation of creative activity. Similarly, derivative works will also be protected, including compilations of other people's works and collections, e.g. in the form of a database. In the context of BIM, the aforementioned definition of a "set" as a database fulfilling the features of a work may be of particular importance. Importantly, such a database will be subject to copyright, even if it contains unprotected material, provided that the selection, arrangement or combination used in it is of a creative nature. To issues related to BIM, the provisions of the Industrial Property Law of June 30, 2000 (i.e. Journal of Laws of 2020, item 286) relating to the protection of industrial designs and the granting of licenses may also be applicable.
As a rule, the issues related to the use of BIM and the development of project documentation in digital form in the context of copyright protection will be analogous to the classic preparation of a project in an analog (paper) form. Thus, the parties to the investment process will have to ensure, among others for the transfer of economic copyrights to individual parts of the work or for granting a license to use the work in specific fields of use, as well as for authorizing the parties to the contract to exercise personal rights.
Due to the similarities and analogies between the design documentation prepared in the BIM model and classic documentation, the current regulations in the field of copyright and industrial property rights do not stand in the way of using BIM in Poland. Correct definition of the rights and obligations of the parties related to the transfer of copyright or the granting of a license will be of a contractual nature and should be reflected in the provisions of the contract.
The provisions of the Construction Law of 7 July 1994 (i.e. Journal of Laws No. 89, item 414) define the requirements that must be met by a construction design and regulate the process of obtaining a building permit. Under the provisions of the Act, including Art. 34 and subsequent as well as executive regulations, i.e. the regulation of the Minister of Transport, Construction and Maritime Economy on the detailed scope and form of the construction design of April 25, 2012 (i.e. Journal of Laws of 2018, item 1935), there is no doubt, that the construction design itself, at least for the purposes of conducting the administrative procedure related to obtaining a building permit, must be in paper form. The provisions of the Construction Law Act and secondary regulations do not constitute an obstacle to the use of BIM in the investment process. Moreover, such a possibility is clearly indicated in §1 of the aforementioned regulation on the scope and form of the construction design. The provisions of the ordinance define the scope and form of the construction design, but they do not limit the scope of design studies in the stages preceding the construction design, performed simultaneously, or in particular the technological design as well as studies and designs prepared for the purposes of performing construction works. It should also be noted that on February 13, 2020, the Act amending the Construction Law and certain other acts (Journal of Laws of 2020, item 471) was adopted, which will enter into force on September 19, 2020. Pursuant to Art. 1 point 16) and subsequent amendments, the construction design will consist of three studies: 1) plot or area development plan; 2) architectural and construction design; and 3) technical design, where only the first two studies will be subject to approval in the building permit decision. The technical design will be a study attached only to the notice of completion of the construction works or the application for an occupancy permit (Article 1 (45) of the amendment). The above changes concerning the elements of the construction design will affect the detailed solutions specified in the executive regulations, i.e. issued pursuant to Art. 34 sec. 6 point 1 of the Construction Law Act, the ordinance on the detailed scope and form of a construction project. However, as at the date of this study, the detailed requirements that will arise from the executive regulations are not known. While the provisions of the Construction Law and executive regulations do not constitute a barrier to the use of the BIM model, there is no doubt that the current regulations concerning, inter alia, the process of obtaining a building permit as well as the form and scope of the construction project do not allow to use the potential and benefits of using the BIM model. In order to be able to fully use the potential of BIM, it is necessary to make changes in the scope of the discussed legal acts.
As indicated in point 3.2 both the current provisions of the Public Procurement Law and the provisions of the New Public Procurement Law do not prevent the use of BIM in public procurement procedures. The use of BIM and the benefits of this model may relate to each of the stages of the contract - from the implementation of design documentation using BIM, through the implementation of the investment in the "build" formula using BIM, as well as at the stage of operation of the building using BIM. Given the division of roles and responsibilities in the investment process, the greatest benefits of BIM seem to be achievable when selecting a contractor and using the "design and build" formula. In this case, the obligations related to the design and implementation of the investment are entrusted to one entity (contractor), which reduces the risk of claims between the designer / investor and the contractor, resulting from defects and deficiencies in the construction design.
Regardless of the type of contract (services or construction works) and regardless of the formula of the investment implementation, the basis for the use of BIM and the determination of obligations related to the use of this formula will be the requirements specified by the contracting authority (investor) in the documentation of the procurement procedure.
The legal basis for formulating such requirements will be:
1.Art. 99 of the New Public Procurement Law (Article 29 of the Public Procurement Law), according to which the contracting authority, among others:
• describes the subject of the contract in an unambiguous and comprehensive manner, using sufficiently precise and understandable terms, taking into account the requirements and circumstances that may affect the preparation of the offer,
• defines in the description of the subject of the contract the required characteristics of supplies, services or works - importantly, these characteristics may refer in particular to a specific process, production method, implementation of the required supplies, services or works, or to a specific process of another stage of their life cycle even if these factors are not their essential element, provided that they are related to the subject-matter of the contract and proportionate to its value and objectives,
• may specify in the description of the subject of the contract the necessity to transfer intellectual property rights or grant a license.
2.Art. 101 of the New Public Procurement Law - according to which the subject of the contract is described by:
• specification of performance or functionality requirements, including environmental requirements,
• reference to the required characteristics of the material, product or service, including by reference to:
- Polish Standards transposing European standards,
- standards of other Member States of the European Economic Area that transfer European standards,
- international standards,
- technical specifications, the observance of which is not obligatory, adopted by a standardization body specialized in the development of technical specifications for repeated and continuous application,
- other technical reference systems established by the European standardization organizations;
- reference to standards, European technical assessments, technical specifications and technical reference systems, and by reference to performance or functional requirements for selected characteristics.
3.Art. 102 paragraph. 1 point 10) - 13) of the New Public Procurement Law (Article 30 (8) (2) of the Public Procurement Law) - in the case of a contract for construction works, the contracting authority specifies in the description of the subject of the contract for construction works the required characteristics of the material, product or service, corresponding to the intended use by the contracting authority, which may concern in particular:
• specific design and costing rules;
• conditions for testing, inspection and acceptance of construction objects;
• construction methods and techniques;
• any other technical conditions.
4.Art. 103 of the New Public Procurement Law (Article 31 of the Public Procurement Law) - contracts for construction works are described by means of design documentation and technical specifications for the execution and acceptance of construction works, while for investments carried out in the "design and build" formula, the contracting authority describes the subject of the contract by means of a functional program utility.
As the analysis in point 4.1.4 it is on the basis of the provisions of the New Public Procurement Law that the contracting authorities define the requirements for the description of the subject of the contract, essential features to be met, including design requirements or other technical conditions. It should be noted that the provisions specifying the requirements for the description of the subject of the contract, in particular in the field of construction works (Art. 102 (1) of the New PPL), are open catalog - which is indicated by the use of the phrase "in particular". Thus, the contracting authority may define additional requirements and parameters on its own, as long as the basic principles of the description of the subject of the contract, relating to the requirement of an unambiguous and comprehensive description, are not violated in a way that does not hinder fair competition (Art. 99 of the New PPL).
Moreover, pursuant to Art. 101 of the New Public Procurement Law, the requirements for the subject of the contract - including the required features of the service - may be specified by reference to the requirements of Polish Standards transposing European standards, international standards and even technical specifications, compliance with which is not obligatory, provided that they have been adopted by a standardization institution, specialized in the development of technical specifications for repeated and constant use.
Referring to selected documents specified in ISO 19650 Standards, i.e .:
• EIR (Ordering Party Information Requirements - Exchange Information Requirements);
• BEP (BIM Execution Plan);
• nomenclature standard;
• LOD / LOI for typical design elements;
• Contract provisions based on the BIM Protocol.
and the possibility of their implementation and application in Polish legal conditions, it should be noted that these documents can be used in two ways: (1) first as model documentation used in public procurement procedures, in which BIM will apply, and (2) as the requirements specified in the implementing provisions for the New Public Procurement Law.
The first solution, i.e. the implementation of documentation and requirements as model documents, is certainly characterized by greater flexibility in terms of possible changes and adaptation to the market needs, changing circumstances and suggestions of beneficiaries, especially in the first stage of using such documentation. In this respect, one should use the competences of the President of the Public Procurement Office, who, pursuant to Art. 469 points 7 of the New Public Procurement Law, within the framework of statutory tasks, it prepares and disseminates sample public procurement contracts, regulations and other documents used in the award of contracts. Moreover, a Team for the preparation and dissemination of model documents and best practices used in awarding public contracts was established under the PPO, and one of the goals of the team is to prepare templates of documents that can be used in public procurement procedures. As well as the preparation and dissemination of good practice proposals for public procurement.
Alternatively, the implementation of model documentation and requirements under the implementing provisions issued under Art. 103 paragraph 4 of the New Public Procurement Law, i.e. the ordinance issued by the minister responsible for construction, spatial planning and development and housing, which defines the scope and form of: design documentation, technical specifications for execution and acceptance of construction works, and a functional and utility program. Such a model of implementation of documentation related to the use of BIM will be less flexible, however, each change of documents or requirements will involve a change in the provisions of the regulation. Additionally, while the implementing provisions may define e.g. general guidelines and requirements concerning e.g. nomenclature standard and LOD / LOI, in practice it is not common to define model requirements for contractual provisions (BIM Protocol) under the implementing provisions.
Due to the scope and nature of the documentation and requirements specified in ISO 19650 Standards, the recommended implementation and application variant of the solutions specified therein is the dissemination of model documentation and requirements, and the application of good practices. Such a formula will allow flexible adaptation of documents to market requirements and changing legal and technical conditions. At the same time, the dissemination of documents with the active participation of the Public Procurement Office and experts in the field of BIM will give such documents the appropriate rank and the value of universality in the field of standards and organizational, technical and legal solutions. However, irrespective of the analysis presented above, legislative changes may also be required that will allow for a more common and effective use of the BIM model in public procurement. In this area, it may be necessary to clarify the requirements for the use of BIM, e.g. by specific procurers and for specific types of contracts. Similarly, it may require that issues directly related to BIM be included in the provisions relating to the description of the subject of the contract for services and construction works, or the tender evaluation criteria. The above may include both the provisions of the New Public Procurement Law, as well as the implementing provisions concerning the scope and form of project documentation (Art. 103 (4) of the New Public Procurement Law) and criteria for evaluating offers other than price (Art. 244 of the New Public Procurement Law). The use of the full potential of BIM application also requires undertaking legislative actions in the legal areas including the process of obtaining a building permit, including in particular the regulations of the Act of July 7, 1994, Construction Law and executive regulations on the detailed scope and form of a construction project. Detailed directions of changes in this respect will be presented in the roadmap implemented under this Project.
As part of the next stage of work, it is recommended to prepare the documents listed in Table 7. It should be considered with the following general remarks:
• Due to the fact that there are no agreed translations of English-language terms, the presented list contains the original vocabulary used in the ISO 19650 standard. The preparation of the official translation is the responsibility of the Polish Committee for Standardization as part of the work on the Polish version of the standard and the development of a national annex;
• Impact on the "height" of the requirements set out in the templates (understood as the scope of application of ISO19650) - in accordance with the note included in the standard, stating that its provisions should be applied in relation to the size and nature of the investment ("scalability" mentioned in point 2.1) will have the results of stakeholder consultations and the results of surveys, including those conducted in the previous stage;
• Templates will be general in nature so that in the future they can be adapted to investments covering various sections of building construction;
• Each template will additionally contain an overview of the content of individual points;
• Templates will include indications for housing construction (due to the guidelines of this Project, which include the use of the developed templates during a pilot project implemented as part of an investment in the field of housing construction);
• The developed templates, along with a discussion, will be consulted with representatives of the industry during the next stages of work on the Project.
Table 7: BIM documents - recommendations
Exchange information requirements template • The project scenario indicated in point 2.3.4, p. 17 has been adopted; • The detailed scope of the template will be consulted with the Beneficiary and as part of a survey addressed to stakeholders as well as meetings with them; • The template will not cover the operation phase as these requirements are closely related to the internal requirements of the contracting authority (its needs, technical capabilities, etc.), which is beyond the scope of this Project; • The "information standard" and the "information production method and procedure" will not contain a reference to the classification, as there is no system appropriate for this purpose; • Due to the current state of advancement of the market, which results from the survey carried out in the previous stage, the requirements, understood as the scope of ISO application, cannot be too high; • All entries must comply with the rules set out in the New Public Procurement Law; • It is not assumed that templates for internal documents of the contracting authority will be developed (eg organizational information requirements), as this scope goes beyond the Project framework.
Glossary / BIM lexicon The document will be developed in the scope determined by the content of the exchange information requirements template. It should be developed and - depending on the needs - verified and modified as part of further implementation works
BIM goals table It is up to the client to indicate the goals of each investment project. The tools that the contracting authority will be able to use will be indicated and described in the roadmap study carried out under this Project
LOG / LOI (level of geometry / information) requirements template The document will be developed within the scope defined by the content of the exchange information requirements template. It should be developed and - depending on the needs - verified and modified as part of further implementation works.
BIM execution plan template • Overview of the template will include basic guidelines for the contractor in relation to the recommended document content; • The content of the template will be directly related to the exchange information requirements template developed under the Project. • Detailed guidelines for completing the template are strictly dependent on the specifics of a specific investment task and the contractor's capabilities.
Project's information protocol The project will propose general provisions, which should become the basis for the construction industry to develop - with the involvement of the legal community - protocol provisions.
The above-mentioned documents, supplemented with detailed data on the implemented pilot project, will be sufficient for its proper implementation, taking into account the BIM methodology and the scope of this Project. THE CONTENT OF THE TEMPLATES DEVELOPED IN THE NEXT STAGE SHOULD BE CONSIDERED IN CONJUNCTION WITH THE RECOMMENDATIONS THAT WILL BE CONTAINED IN THE OTHER DOCUMENTS IMPLEMENTED UNDER THIS PROJECT, AS PART OF THE PROJECT, AS PARTICULARLY. ROAD MAP.
[1] K. Parkinson, UK-led international standards for BIM, BSI, 2018.
[2] UK BIM Alliance, Information management according to BS EN ISO 19650. Guidance Part 1: Concepts, UK BIM Alliance, Center for Digital Built Britain, BSI, 2019.
[3] Polish Committee for Standardization, PN-EN ISO 19650-1: 2019-02 Organization and digitization of information about buildings and structures, including building information modeling (BIM). Information management with building information modeling. Part 1: Concepts and Principles, Warsaw, 2019.
[4] British Standard Institution, Introduction to the Draft ISO 19650 and UK Annex document, BSI.
[5] British Standard Institution, B / 555 Roadmap (FEBRUARY 2015 Update). Design, Construction & Operational Data & Process Management for the Built Environment, 2015.
[6] British Standard Institution, PD 19650-0: 2019 Transition guidance to BS EN ISO 19650, BSI, 2019.
[7] Polish Committee for Standardization, PN-EN ISO 19650-2: 2019-01 Organization and digitization of information about buildings and structures, including building information modeling (BIM) - Information management through building information modeling - Part 2: Implementation project, Warsaw: PKN, 2019.
https://www.gov.pl/web/rozwoj-praca-technologia/cyfryzacja-procesu-budowlanego-w-polsce--zakonczenie-projektu