Social considerations in public procurement. DG Internal Market & Services Directorate C: Public Procurement

Transcription

1 Social considerations in public procurement DG Internal Market & Services Directorate C: Public Procurement

2 SOCIAL CONSIDERATIONS May be taken into account at every stage of a public procurement procedure: (a) planning of the procurement (b) technical specifications: technical standards or performance-based/functional requirements (= larger scope for innovation); Variants (e.g. allow comparisons between standard accessibility solutions and more innovative ones); Prohibited = to refer to a specific make or source, or a particular process, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings / products

3 SOCIAL CONSIDERATIONS (c) selection criteria: Social considerations may be included in the technical capacity criteria if achievement of the contract requires specific know-how in the social field: e.g. trained personnel and special technical facilities suitable for elderly persons in a contract to a run a retirement home or experts in accessibility matters in a contract for the construction of a public building Exclusion based on shortcomings of social nature: - non-payment of social security contributions - offence concerning the professional conduct convicted by judgment - grave professional misconduct (any means) (d) award criteria: Linked with the subject matter of the contract May not confer unrestricted freedom of choice on the contracting authority Be expressly mentioned in the contract notice and in the tender documents Comply with fundamental principles of EU law (transparency, nondiscrimination, etc.)

4 SOCIAL CONSIDERATIONS (e) contract execution/performance clauses: they must be indicated in the tender documents; be related to the performance of the contract comply with fundamental principles of EU law Compliance with contract performance clauses may be verified only during the execution of the contract e.g. decent labour conditions for the workers involved in the performance of the contract

5 Adopted in February 2014 OJEU publication date: 28 March 2014 Entry into force: 17 April 2014 Deadline for implementation by MS: 18 April 2016

6 Increased possibilities for social considerations (1): "Horizontal social clause": Member States shall take appropriate measures to ensure the compliance by economic operators, in the performance of the contract, of applicable obligations in the field of environmental, social and labour law established by Union law, national law, collective agreements or by international environmental, social and labour law provisions new exclusion grounds: Violation of environmental/social/labour law obligations: mandatory exclusion if abnormally low tender optional exclusion in other cases Child labour and other forms of human trafficking (mandatory) Tax and social security obligations

7 Increased possibilities for social considerations (2): Accessibility criteria mandatory in technical specifications for people with disabilities or design for all users, except in duly justified cases procurement intended for use by persons (general public or staff of contracting authority) Production process of the specific works, services or supplies to be purchased: may be taken into account by contracting authorities in their award decisions = possibility given to the contracting authorities: e.g. inclusion of vulnerable and disadvantaged people link with the subject matter is maintained: Criteria must relate to the works, supplies or services to be delivered under the contract in any respect and at any stage of their life-cycle, including factors involved in the specific process of production, provision or trading of these works, supplies or services, or in a specific process for another stage of their life cycle, even where such factors do not form part of their material substance

8 Increased possibilities for social considerations (3): Sole award criterion: MEAT most economically advantageous tender consists of price or cost, using a cost-effectiveness approach such as life-cycle costing, and may include the best price-quality ratio to be assessed on the basis of award criteria linked to the subject-matter of the contract. MS can exclude or restrict the use of price or cost only as sole criterion.

9 Increased possibilities for social considerations (4): Reserved contracts extended: Currently only sheltered workshop disabled persons and 50% of employees, now: Extension to economic operators whose main aim is the social and professional integration (= social businesses) of disabled and disadvantaged workers such as the long-term unemployed, former convicted or drug-addicted, or members of disadvantaged minorities minimum required percentage of disabled or disadvantaged employees reduced from 50% to 30%.

10 Increased possibilities for social considerations (5): Simplified regime for social, health, cultural and assimilated services: higher threshold EUR ; below threshold: typically no-cross-border interest (except EU funding) only requirement: ex-ante (and ex-post) publicity + nondiscrimination principle; for the rest national rules contracting authorities may take into account all criteria they consider necessary, i.e. accessibility, continuity, affordability, availability and comprehensiveness of the services, specific needs of different categories of users, etc.

11 Follow-up: Guide on social considerations in public Procurement "Social Guide" outdated in some aspects Assistance to Member States in the transposition of new Directives Guidance documents will be established where appropriate

12 Useful links Guide on Social Considerations in Public Procurement: /index_fr.htm#social