The European Commission has just published a proposal for a REGULATION on public procurement and concessions, repealing the three existing directives on the subject.
It is, to say the least, an interesting proposal. First of all, it is a REGULATION and not a directive.
It makes clear reference to the social economy as a social objective that can be pursued through public procurement. This reference appears in a chapter entitled ‘Socially responsible public procurement’ (!), which represents a significant step forward compared with the directives currently in force.
It introduces ‘best quality for money’ as the standard criterion for awarding contracts: a step forward compared with the current prevalence of the price criterion.
It retains the possibility of reserving contracts for organisations working towards the social and professional integration of people with disabilities or those who are disadvantaged (even though the article has moved from being a general principle to a specific section).
It retains the possibility of reserving procedures for service contracts falling within the scope of the social welfare system (although the concept of ‘not-for-profit’ mentioned in the relevant article requires clarification).
Overall, this is an interesting proposal, although there is still room for improvement.
It will now be submitted to the European Parliament and the Council, where public authorities with procurement powers, in particular, will need to make their voices heard!
for more information and texts: https://single-market-economy.ec.europa.eu/publications/proposal-regulation-public-contracts-and-concessions_en
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