Ordinance on Important State Real Estate Projects and on the State Real Estate Projects Examination Commission (OPIC) - Subject Matter (COPIL)

1. This regulation establishes the planning and implementation process for the significant real estate projects of the state, the involved stakeholders, and their respective responsibilities.

2. It introduces the commission according to Article 7 and defines its assignment, composition, and powers.

1. With this regulation

a) the implementation of the state's real estate strategy concerning investments and the development of the cantonal real estate inventory (state real estate strategy) is regulated;

b) it is determined how the spatial needs of the beneficiary directorates and/or utilizing offices are optimally and efficiently met;

c) it aims to enable economical and prudent management of resources;

d) the completion of construction work within reasonable time frames is to be ensured.

2. Particular attention is paid to a balanced relationship between the economic, social, and environmental dimensions of sustainable development at all project stages, particularly through the application of sustainability criteria according to nationally and/or internationally recognized labels and through the preservation and enhancement of the built and unbuilt cultural heritage.

1. This regulation applies to the directorates, the state chancellery, the institutions, the subordinate administrative units, and the administratively assigned units. Exceptions are

a) the Fribourg Hospital (HFR);

b) the Fribourg Network for Mental Health (FNPG);

c) the Intercantonal Hospital of the Broye (HIB);

d) the Office for Road Traffic and Navigation (ASS);

e) the Cantonal Building Insurance (KGV);

f) the Cantonal Educational Materials Administration (KLV);

g) the Livestock Insurance Institution (Sanima);

h) the Cantonal Social Insurance Institution (KSVA);

i) the Cantonal Institution for Active Land Policy (KAAB).

1. Significant real estate projects are defined as construction, renovation, and refurbishment projects of state-owned buildings where the initial cost estimate exceeds 4.5 million Swiss Francs or where the project is of strategic importance for the state.

2. Projects of strategic importance are those whose implementation has a unique and decisive impact on a state activity or are of central political significance.

3. The project specification document constitutes the entirety of documents (program, material specifications, cost estimate, revised cost estimate, risk analysis, planning, etc.) created from the preparation phase and during the entire planning and construction process. It is an evolving document that is completed during the planning and implementation phases of the project.

4. The provisional specification document is the project specification document prepared at the end of the preliminary studies.

5. The reference specification document is the project specification document prepared at the end of the design phase which leads to the application for permits (public disclosure).

1. The planning and implementation process for a significant real estate project pursuant to Article 4, Paragraph 1 is divided into three stages

a) Stage 1: Preliminary studies;

b) Stage 2: Project planning and tenders;

c) Stage 3: Project implementation.

1. The following bodies are involved in the planning and implementation

a) the Commission for the Evaluation of State Real Estate Projects (BewKo) (Art. 7 and 8);

b) the Working Group, during the preliminary studies (Art. 9);

c) the Steering Committee (COPIL), during the design, tenders, and implementation (Art. 10 and 11);

d) the Project Committee (COPRO), during the design, tenders, and implementation (Art. 12 and 13).

1. The State Council establishes a commission for the evaluation of the state's real estate projects.

2. It is administratively assigned to the Directorate for Spatial Development, Infrastructure, Mobility, and Environment (RIMU).

3. The Evaluation Commission (BewKo) reviews and assesses for the benefit of the respective directorate and/or the State Council, based particularly on the state's real estate strategy, the reasons for

a) each significant real estate project within the meaning of Article 4 paragraph 1;

b) each new lease project with a value exceeding 200,000 Swiss Francs per year (excluding ancillary costs) or totaling more than 1 million Swiss Francs over the duration of the lease, or that is of strategic importance to the state;

c) each purchase of land and/or real estate intended to become part of the state's real estate portfolio;

d) each disposal of land and/or real estate owned by the state.

1. The BewKo is chaired by the head of the RIMU. It also includes the following members appointed by the State Council

a) a representative from the Office of Construction Management (HBA);

b) a representative from the Conference of Secretaries General;

c) a representative from the Financial Administration (FinV);

d) a representative from the Office for Personnel and Organization (POA);

e) a representative from the Office for Information and Telecommunications (ITA);

f) an external real estate expert.

2. It may also involve additional external experts (members with an advisory vote).

3. Its secretariat is managed by the HBA.

1. The working group is established by the RIMU and the beneficiary Directorate by mutual agreement.

2. It has the following specific tasks

a) to conduct preliminary studies up to the application for a study credit or the utilization of a framework credit;

b) to draw up a preliminary specification for the attention of the Supervisory Commission (BewKo) and to make a recommendation on whether the project should be pursued further.

3. The working group consists of

a) the head of the utilizing office and/or a member of the General Secretariat of the beneficiary Directorate (Chair);

b) one or more persons representing the utilizing office (Members);

c) one or more persons representing the HBA (Members).

4. If the project includes substantial investments in IT infrastructures, it shall also include a representative from the ITA.

5. If the institution, the subordinate administrative unit, or the administratively assigned unit has its own IT department, a person representing it may take a seat instead of the ITA representative.

1. The COPIL is appointed by the Council of State upon the proposal of the RIMU and the beneficiary directorate, as soon as the study credit is approved. It is dissolved upon the delivery of the work.

2. It has the following tasks in particular

a) ensure strategic project management;

b) guarantee the continuity of project control from the approval of the study credit until the completion of the work, which means until the approval of the final account by the Council of State;

c) ensure compliance with project guidelines and the granted credit;

d) oversee, direct, and validate the work of the project committee COPRO;

e) ensure the adherence to deadlines and estimates.

1. The COPIL consists of

a) the head of RIMU (co-presidency) or a delegated person;

b) the head of the beneficiary directorate (co-presidency) or a delegated person;

c) a member from each faction in the Grand Council (members);

d) a person representing the FinV (member);

e) one or more persons representing the HBA (members);

f) a person representing the using office (member);

g) if applicable, a person representing the beneficiary directorate (member).

2. If the project involves significant investments in IT infrastructures, it also includes a representative of the ITA.

3. If the institution, subordinate administrative unit, or administratively assigned unit has its own IT department, a representative of this department may participate instead of the representative of the ITA.

4. The secretariat of the COPIL is managed by the using office.

5. The COPIL meets at least three times a year, at times determined based on the development of the project itself.

1. The COPRO is appointed by the State Council upon the proposal of the RIMU and the beneficiary directorate.

2. It has the following responsibilities

a) to ensure the operational project management;

b) to conduct the project studies;

c) to oversee the implementation of the project.

1. The COPRO consists of

a) the Cantonal Architect (Chair);

b) the Project Manager of the HBA (Member);

c) a person representing the user office (Member);

d) any other person or service requested by the HBA or the user office (Members);

e) the appointed engineers, architects, and any external experts (Advisory Members).

2. If the project includes significant investments in IT infrastructures, a representative of the ITA is also included.

3. If the institution, subordinate administrative unit, or administratively assigned unit has its own IT department, a representative from this department may take a seat instead of the ITA representative.

4. In selecting the other members of the COPRO, the characteristics of the construction or renovation project and the competencies of the involved individuals are considered.

5. The COPRO meets five to six times a year.

1. All construction, reconstruction, and renovation projects for state buildings as defined in Article 4, paragraph 1, must be reported by the benefiting directorates to the BewCo.

2. The BewCo reviews the application for initiation and submits its opinion to the State Council within three months, particularly relying on the state's real estate strategy (Art. 7).

3. In the case of a negative opinion, the benefiting directorate may appeal to the State Council and request a response to the application.

4. The State Council examines the application according to paragraphs 2 and 3 and decides whether to approve it.

1. Upon validation of the application by the Council of State, the RIMU and the beneficiary directorate shall establish a working group by mutual agreement (Art. 9).

2. The working group analyzes the needs of the beneficiary directorate and/or the utilizing office and conducts preliminary studies up to the request for a study credit or the use of a framework credit.

3. It prepares a preliminary specification for the attention of the BeKo and provides a recommendation on whether the project should be pursued further.

4. The preliminary specification includes

a) an inventory of the premises and personnel (full-time equivalents and number of employees, employment rate, and proportion of mobile work);

b) the space program;

c) a detailed and justified listing of short, medium, and long-term needs;

d) a feasibility study;

e) an estimate of construction and operating costs with an accuracy of ±25%;

f) an analysis of risks and opportunities;

g) a preliminary schedule;

h) the personnel requirements for project development;

i) the personnel requirements for the operation of the building (caretaker and cleaning staff);

j) based on the opinion of the Cantonal Architect, a recommendation for the procedure for tendering service contracts (planners) and construction contracts.

1. Based on the preliminary studies prepared by the working group, the Evaluation Committee (BewKo) reviews the project for the attention of the State Council (Art. 7).

2. The RIMU and the beneficiary directorate jointly submit a proposal to the State Council for the continuation of the project.

3. If the project studies require a study credit, the RIMU and the beneficiary directorate jointly submit an application to the State Council.

4. If the State Council decides to continue the project and the study credit has been approved or the use of a framework credit has been authorized, it appoints a Steering Committee (COPIL) and a Project Committee (COPRO).

1. Following preliminary studies and the granting of a study loan or the approval of a revolving credit line (Stage 1), Stage 2 includes project studies and tenders for project development, obtaining construction permits, and receipt of offers, which allow for the determination of the project's financial framework for applying for an obligation credit.

1. During Stage 2, the COPIL has the following tasks (Art. 10)

a) validate, upon request of the COPRO, the relevant developments that affect the quality, program, schedule, and costs of the project in relation to the project requirements document;

b) validate the reference requirements document, which serves as a basis for the building permit application, the bids, and the commitment credit request;

c) validate the project budget upon request of the COPRO.

1. During Stage 2, the COPRO has the following responsibilities (Art. 12)

a) develop the execution project for the public tender and obtain the construction permit;

b) comment on any changes to the preliminary specification that significantly affect the quality, program, schedule, and project costs before they are forwarded to the COPIL;

c) take note of the analysis of offers conducted by the HBA and confirm the award proposals;

d) determine the project budget during the tendering phase based on the received offers;

e) create the reference specification, which serves as the basis for the construction permit application, tenders, and the commitment credit application;

f) prepare an annual report and submit it to the State Council.

1. Upon completion of the project planning and tendering phase, the RIMU and the beneficiary directorate jointly present a draft message and a decree for a commitment credit to the State Council for submission to the Grand Council.

2. The message and the draft decree specifically provide information on the personnel requirements for the cleaning and operation of the building, as well as the financial impact of the operation on the state budget. The depreciation expense associated with the investment project is considered.

1. Upon receipt of the commitment credit, the implementation phase (Stage 3) consists of the preparation of construction works, the awarding of contracts, the construction, and the delivery of the project in accordance with the reference specifications and deadlines.

**1. During Stage 3, the COPIL has the following responsibilities (Art. 10):**

a) to oversee the work of the COPRO;

b) upon the request of the COPRO, to validate the relevant developments that significantly impact the quality, schedule, planning, and costs of the project in relation to the project specifications;

c) to apply to the State Council, upon the proposal of the COPRO, to use the "Miscellaneous and Unforeseen" part of the commitment credit;

d) to validate the report, which is prepared by the COPRO at the end of each year and provides information on

1. the progress of construction;

2. unforeseen events and the associated costs;

3. any changes since the last report and their financial implications;

4. the use of commitment and payment credits.

e) to submit the report to the State Council.

1. During the implementation phase, the COPRO has the following tasks (Art. 12)

a) to oversee the project management of the HBA;

b) to analyze the necessity of using the "Miscellaneous and Unforeseen" item if applicable and submit a proposal for its use to the COPIL;

c) to ensure that the work is carried out according to the plans approved along with the credits and properly accounted for;

d) to promptly inform the COPIL of all unforeseen circumstances that may lead to changes in the schedule and/or additional expenses, as well as any possible changes to the project including justification and financial impacts;

e) to prepare a report at the end of each year in accordance with Article 22, paragraph 1, letter d, and submit it to the COPIL;

f) to ensure the handover of the work according to applicable standards;

g) to submit the final report on the construction work to the Council of State;

h) to inform and involve the future users with a view to the rational commissioning of the building.

1. Stage 3 concludes with the final acceptance of the work and the approval of the final invoice by the State Council.

2. At the request of the Steering Committee (COPIL) and prior to its dissolution, the Company's Assignment Board (HBA) conducts a critical analysis of the work based on what was planned and projected.

1. The designated Directorate, in collaboration with the RIMU, is responsible for communication regarding the project until the commitment credit has been approved (Stages 1 and 2).

2. The RIMU, in collaboration with the designated Directorate, is responsible for communication throughout the entire implementation phase until the acceptance of the work (Stage 3).

1. The Beneficiary Directorate submits the applications for rental projects to the Property Authority (BewKo) as per Article 7, Paragraph 3, Letter b.

2. The rental dossier, compiled by the Beneficiary Directorate with the support of the HBA (Federal Real Estate Agency), contains the following information

a) An inventory of the premises and personnel (full-time equivalents and number of employees, employment level, and share of mobile work);

b) An assessment of the future situation regarding the premises and personnel (full-time equivalents and number of employees, employment level, and share of mobile work);

c) The proof of requirement;

d) The justification for the necessity of external rental;

e) An expert report prepared by the Land Acquisition Commission;

f) The potential fluctuations in operational personnel needs, with justification;

g) The details of the costs of the current and projected situation.

3. The Property Authority (BewKo) assesses the rental application for the attention of the State Council, relying notably on the state's real estate strategy.

4. As long as the amount is below the thresholds under Article 7, Paragraph 3, Letter b, the HBA is responsible for concluding the rental agreement.

1. The HBA submits applications for the purchase of a plot of land and/or a property to the BewKo pursuant to Article 7, paragraph 3, letter c.

2. The purchase dossier compiled by the HBA contains the following information

a) the proof of need;

b) an analysis of how the purchase of a plot of land and/or a property aligns with the state's real estate strategy;

c) an appraisal prepared by the Commission for Land Acquisition and, if necessary, an additional appraisal by an appointed expert;

d) an existing sales dossier;

e) an analysis of profitability, if required;

f) a technical report on the property or the plot of land.

3. The BewKo reviews the purchase application on behalf of the State Council and relies particularly on the state's real estate strategy.

1. The HBA submits the applications for the sale of a property and/or real estate to the BewKo in accordance with Article 7, paragraph 3, letter d.

2. The disposal dossier compiled by the HBA contains the following information

a) the reasons for the disposal application;

b) an assessment of the utility of the property and/or real estate or the appropriateness of a sale considering the state's real estate strategy;

c) an expert report prepared by the Land Acquisition Commission, and if necessary, an additional report from an appointed expert;

d) if necessary, an analysis of profitability.

3. The BewKo reviews the disposal application on behalf of the State Council, relying particularly on the state's real estate strategy.

1. The members of the bodies pursuant to Article 6 are remunerated in accordance with the provisions of the regulation dated November 16, 2010 concerning the compensation of members of the state's commissions.

2. Furthermore, the operation of the aforementioned bodies is governed by the provisions of the regulation dated October 31, 2005, concerning the organization and functioning of the state's commissions.