Socially Responsible Public Procurement

What is Socially Responsible Public Procurement (SRPP)?

Buying Social – A guide to taking account of social considerations in public procurement – Second edition 2021/C 237/01 (OJ C, C/237, 18.06.2021, p. 1, CELEX: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021XC0618(01))

There are a wide range of policy areas which can be addressed through the incorporation of social considerations in public procurement. SRPP can be used to, for example:

• Promote employment opportunities for disadvantaged people
• Promote fair treatment of workers
• Promote apprenticeship opportunities
• Provide opportunities for development of the social economy and social enterprises
• Address accessibility and disability access
• Address human rights and ethical trade issues

SRPP and the Procurement Rules

The 2016 Regulations require tenderers to comply with applicable obligations in the fields of environmental, social and labour law that apply at the place where the works are carried out or the services provided that have been established by EU law, national law, collective agreements or by international, environmental, social and labour law. The EU Directives provide contracting authorities with a vehicle to achieve social goals where they are linked to the subject matter of the contracts provided the fundamental EU Treaty principles are respected. The Directives make explicit the scope to take social issues into account at the relevant stages of the procurement process, including as technical specifications, award criteria and contract conditions. Under the EU Procurement Directives, contracting authorities are able to restrict some tendering procedures to ‘sheltered workshops’ and social enterprises. Contracting authorities are also able to reserve the right to participate in award procedures for social services for a period of up to three years. Further information on Reserved Contracts can be found here. The Directives simplified the procedure for the procurement of social services. The procurement rules only apply to contracts above €750,000 for certain services, which are listed in Annex XIV of Directive 2014/24/EU. Further information on this “light touch regime” can be found here.

Circular 20/2019

Circular 20/2019 highlights the possibilities for Departments to deliver wider social as well as environmental aims through public procurement. In this regard, public bodies are encouraged to engage with the OGP to use frameworks which include relevant social and environmental considerations.

Preliminary Market Consultations

Contracting authorities are encouraged to consider, on a case-by-case basis, undertaking preliminary market consultations (PMC) prior to tendering in order to better understand the market including the range of goods and services available, market developments, what commercial models are available, the competitive landscape, and the specific capabilities of SMEs. The European Commission’s ‘Buying Social – A guide to taking account of social considerations in public procurement’ includes information on market dialogue and preliminary market consultation for socially responsible public procurement. The guide outlines that market dialogue can “improve public buyers’ understanding of the capacity of potential bidders to meet social aims and ambitions. Dialogue can increase your trust and credibility with suppliers. Suppliers will welcome the opportunity to react to proposed social requirements ahead of the procurement launch. The guide also includes examples of questions for contracting authorities to consider before engaging with the market to analyse how suppliers can meet social needs for the planned good, service or work. Further information on PMCs can be found here.

Further information

Any public sector body interested in learning more about socially responsibly public procurement can contact the OGP via support@ogp.gov.ie.