Implemented by
The promotion of Socially Responsible Public Procurement
through social economy enterprises
Results and recommendations from the Buying for Social Impact project
Monday, 18 November 2019
European Economic and Social Committee, Rue Belliard 99, 1040 Brussels
Room JDE 62
10.30–11.00 Registration – Coffee
11.00–11.30 Welcome and opening remarks
Ms Ariane Rodert, President EESC Section for Single Market, Production and Consumption
Ms Marzena Rogalska, Director for ‘Single Market for Public Administrations’ in DG GROW
Ms Natalia Martínez Páramo, Head of Unit for COSME, Executive Agency for Small and
Medium-sized Enterprises (EASME)
11.30–12.30 Promoting Socially Responsible Public Procurement: common trends identified in national
legislation.
Moderated by Ms Valentina Caimi, Project Manager, AEIDL
Introduction to the Buying for Social Impact project – actions, tools produced and main
results
Ms Valentina Caimi, Project Manager, AEIDL
Key findings from the transposition of social provisions of the EU Directive into national
legislation
Ms Valentine de Francquen, EQUAL Partners
Mr Luigi Martignetti, Secretary General, REVES Aisbl and Mr Alexander Elu, Policy Adviser,
AEIDL
The participation of social economy enterprises in public procurement
Mr Víctor Meseguer, Director of Social Economy Europe
Questions and answers
12.30–13.30 Lunch (Atrium 6th floor)
13.30–15.30 How to make Socially Responsible Public Procurement work in practice?
Section I: Bringing together public buyers and social economy enterprises to release the
full potential of SRPP
Moderated by Mr Alexander Elu, Policy Adviser, AEIDL
Ms Malika Kessous, Head of Socially Responsible Public Procurement, Directorate
of Public Procurement, Ministry of Economy and Finances, France
Ms Dalma Kittka, Head of Department of Public Procurement, Municipality of
Budapest
Questions and answers
Section II: The pursuit of social aims through reserved contracts
Moderated by Ms Patrizia Bussi, Director of ENSIE
Mr Álvaro Porro, Commissioner of Social Economy, Local Development and Food
Policy, Barcelona City Council
Mr Gordon Hahn, The novelty of reserved contracts in Sweden, Gordon Hahn
Questions and answers
Section III: Mainstreaming social considerations in public procurement processes
Moderated by Ms Dorotea Daniele, Senior Expert, DIESIS
Mr Adam Gromnica, Public Procurement Unit, Ministry of Labour and Social Affairs
of the Czech Republic, The promotion of Socially Responsible Public Procurement
in the Czech Republic through ESF
Mr Pierre Goffart, Directorate General for Sustainable Development of the
Wallonian region, The use of flexible social clauses in Wallonia
Questions and answers
15.30-16.15 Public procurement as a vehicle to build a social Europe
Panel discussion moderated by Mr Luigi Martignetti, Secretary General, REVES Aisbl
Mr Giuseppe Guerini, Member of the EESC Group III and President of CECOP
Mr Pierre Karleskind MEP, Vice-President of the Internal Market and Consumer
Protection committee
Ms Laura Jones, Board Member, Social Services Europe
Ms Ulla Engelmann, Head of Unit for Advanced Technologies, Clusters and Social
Economy, European Commission, DG GROW
Questions and answers
16.15-16.30 Concluding remarks
Ms Ulla Engelmann, Head of Unit for Advanced Technologies, Clusters and Social
Economy, European Commission, DG GROW
Mr Giuseppe Guerini, Member of the EESC Group III and President of CECOP
16.30 End of day
The promotion of Socially Responsible Public Procurement through social
economy enterprises
Results and recommendations from the BSI project
Brussels, 18 November 2019
#Buying4SocialImpact
The promotion of socially responsible public procurement through social economy enterprises Buying for social impact project
Valentina Caimi, BSI Project Manager, AEIDL
Brussels, 18 November 2019
Objectives of the BSI project
Encouraging contracting authorities to use
public procurement to pursue social goals
Increasing the capacity of social economy
enterprises to take part in public
procurement procedures and to access
new markets
https://www.aeidl.eu/docs/bsi/index.php
Consortium
European Association for Information on Local Development (AEIDL)
European Network of Cities and Regions for the Social Economy (REVES)
DIESIS COOP
Social Economy Europe (SEE) and
the European Network of Social Integration Enterprises (ENSIE)
Geographical scope – 15 EU Member States
Two strands of work
Desk research on: how the new public procurement directive was transposed at national level, identification of good practices on SRPP, and a mapping of the capacity of social economy enterprises in accessing markets
Organisation of awareness raising and training events in the 15 EU countries
Deliverables
1 EU level matrix: legal explanation of the social provisions of Directive 2014/24/EU (by Equal Partners)
15 matrices: legal analysis of the transposition of the Directive in national laws
15 mapping reports of the public procurement & social economy ecosystems
Good practice publication (under finalisation)
Available at: https://www.aeidl.eu/docs/bsi/index.php/bsi-buying-for-social-impact/bsi-library/bsi-deliverable
Deliverables
15 national raising awareness events
Conference booklets (agenda and presentations)
Available at: https://www.aeidl.eu/docs/bsi/index.php/bsi-buying-for-social-impact/bsi-events
Good practices identified
Good practices
Good practices – procurement procedures
Good practices – procurement procedures
Findings – main challenges
Insufficient knowledge by the public sector of SEE and in which markets they could participate
Public sector’s tendency to “stay on the safe side”
Social economy not well developed in some MS
Three main recommendations
Good transposition and legal framework are not enough
Need to improve the knowledge and the capacity of CAs and SEE by the means of training seminars, help desks, support structures, facilitators, capacity building projects that provide advice and information
Political will is needed, as well as national networks of legal experts specialised in SRPP
BSI – Buying for Social Impact
Call for good practice continues! With our partners ICLEI and SEE
Countries missing: LU, LT, LV, MT, PT, CY, EE, BG
Please fill in this very short form https://docs.google.com/forms/d/e/1FAIpQLSfvDiLU3wk_OZC0EgodmFOFIJXRwnrGLW9HkMt4hDIxH6EO-g/viewform
or contact us: [email protected], [email protected]
Thank you!
The promotion of Socially Responsible Public Procurement through social
economy enterprises
Results and recommendations from the BSI project
Brussels, 18 November 2019
#Buying4SocialImpact
BUYING FOR SOCIAL IMPACT – BSI 18.11.2019 – Valentine de Francquen
17
The promotion of socially responsible public
procurement through social economy entreprise
GENERAL PRESENTATION ILLUSTRATING THE SOCIAL PROVISIONS OF THE DIRECTIVE 2014/24
18 VALENTINE DE FRANCQUEN - EQUAL PARTNERS
The EU matrix of the social clauses of Directive 2014/24 Two objectives
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1st : This matrix provides for a legal comparative analysis of social clauses of the Directive 2014/24/EU.
2nd : It served to realise a comparative legal analysis between the relevant provisions of the EU Directive, the transposition laws and existing practices in different EU Member States
VALENTINE DE FRANCQUEN - EQUAL PARTNERS
Focus on 4 key areas
1. Reserved contracts (art. 20 and 77)
2. Social considerations (art. 42, 67 and 70)
3. Preliminary market consultations, Division into lots, and subcontracting as a way to increase SEE's participation in PP (art. 40, 46 and 71)
4. Light regime (art. 74-76)
20 VALENTINE DE FRANCQUEN - EQUAL PARTNERS
1. Reserved contracts (art. 20 and 77)
Reserved contracts (art. 20)
1) Member States may reserve the right to participate in public procurement procedures to sheltered workshops and “social economic operators”*
2) AIM : foster participation of procurement contracts for sheltered workshops and economic operators active in social and professional integration of disabled or disadvantaged persons.
3) Optional transposition
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- Sheltered workshops or - economic operators
active in social and professional integration
of disabled or disadvantaged persons*
at least 30 % of the employees of those
workshops, economic operators or
programmes are disabled or
disadvantaged workers
VALENTINE DE FRANCQUEN - EQUAL PARTNERS
1. Reserved contracts (art. 20 and 77)
Reserved contracts for certain services (art. 77)
1) Member States may provide that contracting authorities may reserve the right for organisations to participate in procedures for the award of public contracts exclusively for specific health, social and cultural services
2) Optional transposition
3) If transposed : i. The “public service mission organisation” must fulfill 4 criteria
1. Objective : public service mission (as education, health, etc.)
2. Profits : reinvested to achieve the oragnisation’s objective or, if distributed, based on participatory considerations;
3. Participatory structure
4. Not being awarded a contract for the service within the past 3 years
ii. Maximum duration is 3 years
iii. Call for competition has to make reference to the concerned article
22 VALENTINE DE FRANCQUEN - EQUAL PARTNERS
2. Social considerations (art. 42, 67 and 70)
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Design phase
•Article 42 : Technical specifications
•Article 67 : Contract Award criteria
Execution phase
• Article 70 : Conditions for performance of contracts
VALENTINE DE FRANCQUEN - EQUAL PARTNERS
2. Social considerations (art. 42, 67 and 70)
24
Technical specifications (Article 42)
1) = characteristics required of a works, service or supply.
2) Conditions :
i. TS must be linked to the subject-matter of the contract and proportionate to its value and its objective
ii. TS shall be drawn up so as to take into account accessibility criteria for persons with disabilities or design for all users [except in duly justified cases]
3) Transposition is mandatory
VALENTINE DE FRANCQUEN - EQUAL PARTNERS
2. Social considerations (art. 42, 67 and 70)
25
Contract award criteria (Article 67)
1) Award to the « Most economically advantageous tender » based on one of those three award criteria
i. price or cost, ii. cost-effectiveness approach and iii. the Best Price-Quality Ratio - BPQR social considerations can be
included
2) Conditions for award criteria : i. Linked to the subject-matter of the public contract ii. Weighting must be indicated in the procurement documents
3) Transposition is mandatory
VALENTINE DE FRANCQUEN - EQUAL PARTNERS
2. Social considerations (art. 42, 67 and 70)
26
Conditions for performance of contracts (Article 70)
1) Conditions : i. Linked to the subject-matter of the public contract
ii. Indicated in the call for competition or the procurement documents
2) Considerations : economic, innovation-related, environmental, social, of employment-related
3) Transposition is mandatory
VALENTINE DE FRANCQUEN - EQUAL PARTNERS
3. Preliminary market consultations, Division into lots, and subcontracting as a way to increase SEE's participation in pp (art. 40, 46 and 71)
Preliminary market consultations (article 40)
1) Before lauching a procedure
2) Opportunity to conduct preliminary consultations
relating to the social aspects of the procurement 3) Conditions :
i. not have the effect of distorting competition ii. and not result in a violation of the principles of non-discrimination and
transparency
27 VALENTINE DE FRANCQUEN - EQUAL PARTNERS
3. Preliminary market consultations, Division into lots, and subcontracting as a way to increase SEE's participation in pp (art. 40, 46 and 71)
Division into lots (article 46) 1) Objective :
2) Obligation to justify the decision not to subdivide the PP into lots
3) Transposition is mandatory, and MS may go further by extending the scope of the obligation
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Facilitate the participation in PP of
1. civil society organisations (CSOs), 2. social economy enterprises (SCEs) and 3. small and medium sized enterprises (SMEs).
VALENTINE DE FRANCQUEN - EQUAL PARTNERS
3. Preliminary market consultations, Division into lots, and subcontracting as a way to increase SEE's participation in pp (art. 40, 46 and 71)
Subcontracting (article 71)
1) Subcontract -> facilitates involvement of SMEs, including social economy enterprises
2) Obligation for National authorities :
Art. 18 (2) obliges Member States to ensure that in the performance of public contracts, economic operators comply with applicable social and labour law
3) Transposition is mandatory
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to ensure that subcontractors comply with the obligations referred to in Article 18(2).
VALENTINE DE FRANCQUEN - EQUAL PARTNERS
4. Light regime (art. 74-76)
Concerns services listed in Annex XIV:
Particular procurement regime dedicated to public contracts for social and other specific services when they are equal to or greater than € 750.000.
Transposition is mandatory
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such as social services, health services, educational services …, that are endowed with particular characteristics such as limited cross-border interest, distinctive goals, and can address users in a vulnerable situation and openly contribute to social cohesion and inclusion, as well as to the enjoyment of fundamental rights.
VALENTINE DE FRANCQUEN - EQUAL PARTNERS
4. Light regime (art. 74-76)
Specific Rules : 1) Art. 75 softens the obligation of advertising
2) Art. 76 requires MS to organize a specific award procurement procedure for public contracts
i. put in place rules taking into account a list of requirements to be met by contracting authorities, among which:
o the specific needs of different categories of users, including disadvantaged and vulnerable groups
ii. those rules must comply with general principles of procurement (transparency and equal treatment of economic operators).
31 VALENTINE DE FRANCQUEN - EQUAL PARTNERS
Thank you!
Valentine de Francquen
EQUAL PARTNERS
32 VALENTINE DE FRANCQUEN - EQUAL PARTNERS
The promotion of Socially Responsible Public Procurement through social
economy enterprises
Results and recommendations from the BSI project
Brussels, 18 November 2019
#Buying4SocialImpact
An overview of the transposition of social provisions in Directive 2014/24/EU on Public Procurement Alexander Elu, AEIDL Luigi Martignetti, REVES
Flexibility at the heart of Directive. No homogeneous transposition as a result.
Directive has triggered change across Europe but PP tradition counts
Aim of this exercise
What do we mean by a more or less ambitious transposition of SRPP provisions?
Note: ‘More social’ transpositions are key to advance SRPP but not enough
Reserved contracts (art. 20)
Option
Threshold
≥50% CZ (PWD only), EL (only for certain specified Greek legal forms), FR, HR
≥30% DE, DK, EL, HU, IE, IT, LV (PWD only), NL, PL, SE
No indication of minimum share RO
Interaction with art. 77
Reserved contracts for social and other specific services (Art. 77)
• Need to be a registered SE operator: EL, LV
• Reinvestment of all profits RO
• Confusion with art. 20: EL
• Extension of 3-year exclusion if an EO has been awarded a contract belonging to services covered as a whole by the article (not by the contract in question): FR
• Not transposed by CZ, DE, HU and SK
Reserved contracts: main findings
• Uncertainties concerning the definition of « disadvantaged persons » - dealt with through reference to national regulations or to EU definitions
• (difficult) interaction with GDPR – dealt with through national/regional registers
• Challenging interaction between employment services and contracting authorities – dealt with thoguh «interface» services
• Challenges in transposition of art 77, excluding certain kind of SE players – dealt with through framework legislation
Social Considerations – Art 67 award criteria
Lowest price only
FR: for highly standardised products only
IT: possible for works <2M and highly standardised supplies&services
NL: obligation to justify its use
CZ: shall not be used in competitive dialogues and specified public services
HR: weight of price not higher than 90%
PL: limited, also when weight of price >60%
BPQR shall be used to assess the MEAT (DE)
obligatory for specific contracts (IT)
develops social aspects to assess BPQR (EL)
Social Considerations (contd.)
Art. 70 Conditions for the performance of contracts
employment of workers belonging to vulnerable population groups EL, HU, PL
facilitation of social and/or work integration EL, HU
combatting discrimination EL, HU
promote gender equality EL, FR
Life cycle of a product or building FR
Art. 18(2) Principles of procurement
Social Considerations – main findings
• Main focus on employment clauses; dealt with using ethical-type clauses among selection criteria or training clauses among execution criteria
• Scarce presence of models of social clauses; dealt with through national guidelines
Lots, subcontracting and preliminary market consultations Art. 46 Division of contracts into lots
Obligation to divide: DE, EL (only for Central Purchasing Bodies)
Division as a principle (unless necessary or exceptions apply): FR, NL
Depending on feasibility (SME capacity): RO
Justification for not subdividing into lots
HR: obligation applied to high-value contracts only
PL: not transposed.
Lots, subcontracting and preliminary consultations (contd)
Art. 71 Subcontracting
Direct payments to subcontractors
Obligation established: FR, HR
Obligation of CAs to pay for outstanding debts in the remuneration of subcontractors: PL
Option not transposed: DE, SE
Lots, subcontracting and preliminary consultations (contd)
Art. 40 Preliminary market consultations
Mandatory for high value contracts HR
Obligation to share information given to EO (DK, LV); also information obtained from EO (SK)
Avoid competition distortion (RO) and ground for exclusion if advantage has been obtained (FR)
Lots, subcontracting and preliminary consultations – main findings
• Little use of division into lots, where not compulsory – dealt with through market consultation procedures
• Scarce readiness of SEs to join in partnerships to respond to procurements – dealt with through capacity building accompanying schemes for social economy players
Special regime for social and other specific services
Arts. 74-76 • Transposition following closely directive: DE, HR
• Mandatory above threshold: DE, DK, HU, HR, IE, NL, PL, RO…
• Mandatory for services above and below threshold: EL, CZ
• Light regime ‘may’ be applied: LV (equal and above), FR (above and below)
• Best value for money is the ONLY award criterion: IT, PL, RO
• Taking into account the specificities of the services: IT (obligation), CZ (partial transposition of some specificities)
Special regime for social and other specific services – main findings
• Low valorisation of quality over price – dealt with through national guidelines
• Use of only limited kind of quality criteria, mainly related to staff qualification – dealt with through list of suggested criteria at national level
The promotion of Socially Responsible Public Procurement through social
economy enterprises
Results and recommendations from the BSI project
Brussels, 18 November 2019
#Buying4SocialImpact
The participation of social economy enterprises in public procurement
18 November 2019,
Social Economy Europe
BSI – Buying for Social Impact
Social Economy in the European Union
According to the European Economic and Social Committee, in the European Union we have 2.8 million social economy enterprises and organisations, employing 13.6 million people and accounting for 8% of the EU’s GDP.
BSI – Buying for Social Impact
Geographical scope
BSI – Buying for Social Impact
Social Economy ecosystem in France
Social and Solidarity Economy is currently recognised as an essential component of economic and social life, but its roots are ancient and plural.
There are in France 221 325 SSEs, employing 2.37 million employees, 10.5% of total employment, 15% of total women’s employment and +25% of employees since 2000.
Main forms of the social economy: cooperatives, mutuals, associations, foundations and commercial companies of the social and solidarity economy.
SSEs operate as stated in the French SSE Law, in all the domains of human and economic activity.
For the main sectors of activity, the French SSE represents: 60% of jobs in the social action sector; 57% of jobs in the sports and recreation sector; 30% of jobs in the financial and insurance sector; 26% of arts and entertainment jobs; 11% of jobs in the health sector.
BSI – Buying for Social Impact
SEEs access to SRPP in France
Most SSEs in France are SMEs. Although SMEs represent 99% of all French’ enterprises, in 2013 they represented only 58% of public procurement and 30% of the value of public contracts. In general terms, there is a need to explain to public buyers the broad field represented by the French SSE. Indeed, buyers often tend to restrict the SSE to insertion clauses.
There is a request to go beyond the valorisation of the socioprofessional integration of “vulnerable groups” in the framework of public procurement, including tools to support the social or “societal” added value of social economy enterprises and organisations.
BSI – Buying for Social Impact
Social Economy ecosystem in Italy
The concept of social economy, or the part of it corresponding to the Social Business Initiative, in Italy is often used interchangeably with the concept of the Third Sector (Third Sector Code of 2017), although the latter limits the field, excluding non-social cooperatives.
Legal forms:
- social cooperatives and social enterprises.
- associations and foundations characterized by significant economic activity and non-social cooperative enterprises oriented towards the pursuit of a general interest.
BSI – Buying for Social Impact Fields of activity of SEEs & access to public
procurement in Italy Social work integration activities. In this case, the sector of activity itself is of lesser importance than the purpose of the company.
The health sector, with the provision of both assistance services to the national health service and direct care.
Culture, sport and recreation. In this sector there are both social cooperatives that manage cultural goods and services on behalf of public administrations, and social cooperatives that carry out their own activities, sometimes in partnership with other private subjects.
Environmental activities which include activities aimed at protecting the environment.
-some sectors traditionally considered typical for social enterprises are evolving in the two opposite directions of opening up to non-social economic operators and reinstitutionalisation;
-social enterprises are gaining ground in sectors in which the relationship with administrations, and above all that based on service bargaining, is less relevant, if not marginal.
Among the sectors that have seen the flourishing of social economy enterprises in recent years, we can cite, for example, social agriculture, the management of community services, but also the management of dedicated financial services (think of the emergence of subjects specialised in micro-finance or impact financing in recent years).
BSI – Buying for Social Impact
Social Economy ecosystem in Germany
The roots of social economy in Germany include the associative and welfare tradition, the cooperative movement, the tradition of mutuals, work integration social enterprises (WISE) and the philanthropic tradition.
The term Sozialunternehmen (‘social enterprise’25) has been in use in Germany for only 15 years, but the roots of the social economy go back some 150 years. Back to social-missiondriven economic actors, such as social businesses operated by trade unions (Gemeinwirtschaft) and church-operated social establishments.
Main forms: traditional associations, welfare organisations, operational foundations, cooperatives, mutuals and “new styles social businesses.
BSI – Buying for Social Impact Fields of activity of SEEs & access to public
procurement in Germany There is a broad scope of activities of social economy enterprises (SEE):
• social housing (mostly cooperatives);
• work (inclusion and integration);
• financial services and insurance (cooperative banks and mutuals); and
• production and delivery of energy.
However, the German welfare system and the fact that most German SEE qualify as public benefit organisations, which are restricted to an approved list of activities they can perform, mean that the majority of social enterprises are active in the social sector. That includes old age homes, foster-care homes, hospitals and lately, outpatient care.
The growing demand for social services and other goods like renewable energy, affordable housing and fair and ecological foods offer potential opportunities for new social enterprises.
Access to public procurement for SEEs in Germany
Interviews conducted with key German stakeholders indicate that many civil servants have been reluctant to make use of the new provisions of the 2014 Directive i.e. reserved contracts for welfare/social economy organisations and sheltered workshops. Since they are not always familiar with the related legislation, there is a proposal to establish central procurement offices that can provide advice and support.
Capacity-building of civil servants seems fundamental to the implementation of social procurement legislation and to a stronger cooperation with social partners.
Social Economy ecosystem in Ireland
There is no legal definition for ‘social enterprise’ in Ireland. Although, the 2019 National Social Enterprise Policy for Ireland defines as a social enterprise as “an enterprise whose objective is to achieve a social, societal or environmental impact, rather than maximizing profit for its owners or shareholders”.
A 2013 Forfás Report estimated there are 1,400 social enterprises are operating in the state, employing between 25,000 – 30,000 people, generating a total income of approximately €1.4 billion.
Main legal forms: Company Limited by Guarantee, charities and for the wider social economy: credit unions, housing and agricultural cooperatives etc.
Fields of activity of SEEs
The 2019 National Policy for Social Enterprises categorises five main types of social enterprises in Ireland:
-Work Integration Social Enterprises (WISEs)
-Enterprise Development social enterprises which support the creation of other enterprises (e.g. through the provision of office space and facilities),
-‘Deficient Demand’ social enterprises which seek to meet a demand for goods and services within a community where there is insufficient demand for the operation of a regular market due to inherent economic and social disadvantage or low density of population,
-Environmental social enterprises which focus on environmental sustainability,
-Social enterprises contracted with the public sector to deliver public services in disadvantaged areas and communities
SEEs access to public procurement in Ireland
Need of further support and training on how to legally carry out socially-conscious practices.
While limited support is available to public bodies, the newly adopted OGP policy on social considerations summarises the tools available, such as:
-Reserving contracts for sheltered workshops and economic operators
-Breaking larger contracts into more manageable lots
-Using proportionate and socially-driven selection and award criteria
-Incorporating community benefit clauses into contractual performance criteria
-pre-market engagement activities to inform the market of upcoming competitions and to make procurers aware of social enterprise offerings in the market place
Social Economy ecosystem in Romania
Law on Social Economy entered into force in July 2015, aiming to regulate the social economy field and to establish measures to promote and support the social economy (Art. 1(1)).
The law regulates also the conditions that must be observed by a social enterprise and respectively a social insertion enterprise in order to be certified by public authorities (Art. 1(2)) (certificate with a 5 years validity).
Social economy is defined as “the collection of activities organised independently of the public sector, which serve a general interest, the interests of a community and/or personal non for profit interests through the increase of the employment rate amongst vulnerable groups and/or the production and provision of goods, provision of services and/or the execution of works” (Art. 2(1)).
Social Economy ecosystem in Romania
Fields of activity of SEEs in Romania
SEEs Access to public procurement
The most frequent situation where social enterprises have been present in the public procurement procedures was connected to the reserved contracts concluded for sheltered workshops. Although, since 2017 obstacles have been observed.
In practice, social services are not subject to public procurement.
Need to further use the instruments available for SRPP.
Social Economy ecosystem in the Netherlands
Nowadays, the social economy in fact is considered as The Dutch social enterprise sector. This has been relatively limited in size until recently. Important institutions were the sheltered work companies, that by the end of 2015 offered jobs for approximately 103 000 employees with a larger distance to the labour market.
These sheltered work companies still do have the majority of paid jobs for employees that have a larger distance to the labour market, but their share decreases gradually each year. By the end 2017, the number of employees was 87 200.
Since 2010 we have been noticing an important dynamism of the social economy.
SEEs fields of activity in the Netherlands
SEEs access to SRPP in the Netherlands
Besides the need for a further growth of the sector the following actions might be helpful:
- Carrying out market research: there might be more social firms/enterprises than expected and/or there might be social firms/enterprises from other regions or even from other Member States that might be interested in tendering;
- The social firms/enterprises have to organise themselves per sector to show that there are enough companies to apply for a contract.
Sectors that were mentioned during the interviews that might be of interest for social procurement are: Food and catering, Cleaning, Parking services for bicycles, Postal delivery.
Sheltered work companies are also active in the field of city cleaning and public garden maintenance. Emphasis on the major importance of private markets.
Social Economy ecosystem in Poland
Social economy was defined in the National Programme for Social Economy Development (KPRES) as an area of civic activity which, by means of economic and public interest activities, contributes to: professional and social integration of persons at risk of social marginalisation, job creation, provision of social services of general interest and local development.
Big hopes regarding the project of SSE Act.
Social Economy ecosystem in Poland
In the social economy sector, a total of 365 900 people are employed, of which 235 200 people are employed in cooperatives (various types), 1 900 people in Mutual Societies, and 128 800 people in non-governmental organizations (associations, foundations). These statistics do not include non-profit limited companies;
Social cooperatives are the most popular legal form of a social enterprise in Poland. There were 1,845 social cooperatives registered in the Register of Entrepreneurs in December 2018.
Social Economy ecosystem in Poland- Fields of activity
a) Gastronomic, hotel and restaurant activities close to 19%, of which gastronomy services were most often offered
b) Activities related to administration and support activities (18%), this is largely related to the development of green areas (7%) or offering of cleaning services (5%).
c) Activities related to industrial processing 13%, most often the production of ready meals and dishes (2%).
d) Service activities related to health care and social assistance (12%), including support without accommodation for elderly people and people with disabilities (5%) and services related to day care for children (3%).
SEEs access to SRPP in Poland
A question of size: PPL only applies to awarding of the public contracts which estimated value exceeds EUR 30,000
One of KPRES objectives (National Social Economy Programme) is to create jobs in social economy entities which provide general interest services in local communities through the implementation of socially responsible public procurement.
SEEs still need support in the field of public procurement in relation to seeking the possibilities of applying for public contracts, creating competitive offers and actively participating in the contract award procedure
Social Economy ecosystem in Greece
• 2016 SSE Law: “Social & Solidarity Economy” is legally defined as “the sum of economic activities which are founded on an alternative organization of the relations in production, distribution, consumption and reinvestment, based on the principles of democracy, equality, solidarity, cooperation and respect to the human being and the environment.”
• Main forms: social cooperatives and worker cooperatives (under SSE law)
• In August 2018, 1.090 enterprises were appearing registered with the “Social Entrepreneurship Registry” of the Ministry of Labour, Social Insurance & Social Solidarity
Social Economy ecosystem in Greece
• 2016 SSE Law: “Social & Solidarity Economy” is legally defined as “the sum of economic activities which are founded on an alternative organization of the relations in production, distribution, consumption and reinvestment, based on the principles of democracy, equality, solidarity, cooperation and respect to the human being and the environment.
• Main forms: social cooperatives, worker cooperatives (under SSE law) and KoiSPE (civil coop dedicated to the work integration of people with mental health problems.
• In August 2018, 1.090 enterprises were appearing registered with the “Social Entrepreneurship Registry” of the Ministry of Labour, Social Insurance & Social Solidarity
SSEs access to SRPP
• Regarding potential fields of activity, there seems to be a wide spread belief that social enterprises could make ideal providers for the public purchasers in the sectors of educational services, social care services and health care services, because public authorities are in desperate need for innovative solutions in order to reconcile huge social needs with strict fiscal constraints.
• In parallel, awarding authorities are highly hesitant to outsource social services.
Social Economy ecosystem in Denmark
• In Danish the corresponding word for “social enterprise” is “socialøkonomisk virksomhed”, meaning “social economy enterprise” in direct translation. There does not exist an officially recognised corresponding Danish term for the EU-definition of a “social economy enterprise”, which includes social enterprises as well as associations, mutuals and cooperatives.
• Fields of activity: Employment & social services, educational services, cultural activities & services, food and agricultural products, hotel, restaurants and tourism, construction, demolition and related services + Consultancy services, specifically IT-consultancy, recycling and upcycling, cleaning services, catering and canteen etc.
SEEs access to SRPP in Denmark
• The field of social and employment services has a special interest for social enterprises.
• According to the mapping made by the Committee for Social Enterprises in 2013, 78 per cent of the companies identified had a social or employment purpose as their main objective. In 2017 the percentage of social and employment services exposed to competition through procurement varied from 13.1 to 62.4 per cent across the 98 municipalities. In certain fields, many social enterprises have reported that they find themselves competing against quite similar services offered by publically-owned institutions.
Social Economy ecosystem in Latvia
• Latvian law: From 1 April 2018, social enterprises are limited liability companies with social enterprise status if they fulfil certain criteria. Companies which conduct an economic activity that creates a positive social impact (e.g. provision of social services, formation of an inclusive civil society, promotion of education, support for science, protection and preservation of the environment, animal protection etc.).
• Diversity of legal forms: associations, foundations or regular business companies
• In 2018 there were 27 organisations that obtained the social enterprise status. There are also about 200 organisations that could be considered as social enterprises, but due to the fact that until 2018 there was no legal definition and official registry of social enterprises, a precise number of other organisations which can be considered as social enterprises is unknown.
Fields of activity of SEEs in Latvia
• Social enterprises operate in various sectors including, but not limited to: providing social and health services for elderly people or persons with disabilities, by running a day care centre, social care centre; providing catering services by creating jobs for persons with special needs or excluded persons (persons with disabilities, refugees, ex-prisoners); providing online platform services to support elderly people in nursing homes, social care centres; providing bookkeeping services by creating a work place for long-term unemployed persons and lone parents; producing health care equipment for persons with disabilities; producing eco-friendly packages; producing clothing; promoting environmental and nature protection by running a zero-waste café/shop; and providing education services for persons with special needs and the persons that support them.
SEEs access to SRPP
• No formal obstacle to the access of SEEs to SRPP
• Lack of knowledge and development of SEEs
• Importance of raising awareness among contracting authorities on the tools for SRPP
Social Economy ecosystem in Sweden • Recently the Swedish Government adopted a new “Strategy for social
enterprises - a sustainable society through social entrepreneurship and social innovation”. This strategy broadens the definition and concept of social enterprise to include a wider perspective.
• Legal forms: cooperative (economic association), non-profit association, religious community, limited company, limited company with distribution restriction and foundation forms to carry out their activities.
• Social economy enterprises have activities in a variety of sectors. Most organisations operate in Housing, social and societal development (29 per cent), followed by Recreation and culture (25 per cent) and education which includes popular education associations (20 per cent).
SEEs access to SRPP in Sweden
• IoP (social public partnership) is at the moment experimented in Sweden in order to secure a legal base for social innovation partnership between the public and social economy.
• This is still under development, but may be seen as a contract between the public sector and a social economy enterprise in areas that are not subject for procurement.
Initial findings – Next steps
difficulty in introducing and applying the new possibilities foreseen by the directive: e.g. the special regime, reserved contracts based on art. 20 (e.g. DE, DK, SE, NL etc.) or difficulty to implement it above the threshold (PL, IT)
use of social considerations is less problematic, although mainly employment clauses
low level of knowledge of the new provisions especially at regional and local level
Initial findings - challenges
Social economy not well developed in some MS
Insufficient knowledge by the public sector of SEE and in which markets they could participate
BSI – Buying for Social Impact
More info
https://www.aeidl.eu/docs/bsi/index.php https://www.aeidl.eu/docs/bsi/index.php/bsi-buying-for-social-impact/bsi-library
Thank you! Merci! Dank U!
The promotion of Socially Responsible Public Procurement through social
economy enterprises
Results and recommendations from the BSI project
Brussels, 18 November 2019
#Buying4SocialImpact
Achats de l’Etat : les engagements ESS
Conférence BSI « La promotion des achats
publics socialement responsables aux
travers des entreprises de l’économie
sociale et solidaire »
Commission européenne, lundi 18 novembre 2019
L’organisation des achats de l’Etat : la DAE en
quelques mots
Direction interministérielle à compétence nationale créée le 03 mars 2016
à la suite du SAE
Définit, sous l’autorité du Premier Ministre, la politique des achats de
l’Etat (hors achats de défense et de sécurité)
Périmètre des achats de l’Etat et de ses EP
Les objectifs des achats de l’Etat : les axes de
performance
La performance économique (le gain achat)
L'accès des PME à la commande publique
Les achats d’innovation
La performance environnementale
L’achat socialement responsable
Les achats responsables de l’Etat
Une gouvernance interministérielle
Un pilote : le pôle achats responsables
Un travail en réseau au niveau national : les référents ministériels, les
correspondants en région et au sein des EP, des instances de pilotage
transversale
Une approche stratégique et opérationnelle
La définition et le pilotage des orientations stratégiques => politiques
publiques et doctrines
La définition et la mesure de la performance (objectifs/indicateurs)
L’accompagnement des acheteurs => rédaction des considérations RSE
dans les stratégies d’achat et les cahiers des charges
Le développement des compétences (formations, rencontres, colloques,
productions d’outils et de guides, …)
La représentation de la DAE auprès de l’écosystème achats
responsables
Les achats responsables de l’Etat : l’approche sociale
Insertion par l’activité
économique
Secteur adapté et
protégé
Autres structures de
l’ESS agrées
Jeunes décrochés
scolaires
Egalité
femmes/hommes
Autres dispositions:
commerce équitable,
éthique, etc
Appui au secteur de
l’économie sociale et
solidaire
Appu
i politiq
ue
Pacte de croissance ESS
FREC
Instruction ministérielle
L’accès des acteurs de l’ESS aux achats de l’Etat
Clause sociale d’insertion
par l’activité économique
Les marchés réservés
Attribution classique
Mise à disposition de personnes
éloignées de l’emploi, personnes
en situation de handicap
Structures d’insertion
Structures du handicap
Structures d’insertion
Structures du handicap
Structures agrées ESS
Développement de l’activité
économique du secteur ESS
Importance des études amont et de la veille permanente : la phase de
sourcing et de parangonnage est essentielle
L’accès des acteurs de l’ESS aux achats de l’Etat : les
actions de l’acheteur
Sourcing qualifié
Allotissement fin
Choix des acteurs de l’ESS
(marchés réservés)
Bourse à la co-traitance
Rencontres B to B
Consultation sites internet
Salons – speed meeting
Capacité des acteurs de l’ESS
Pas de mise en concurrence
des familles d’acteurs
Liberté des opérateurs
économiques
Communication sur les projets
achat
Publication programmation
Guichet unique
Le développement des achats aux acteurs de l’ESS
ENJEUX Nb de marchés (7%)
Volume d’achat (25 M€)
Diversification segments d’achat /
métiers en tension - profils
Méconnaissance acheteurs /
acteurs ESS – idées reçues
Dimensionnement marchés
FREINS
LEVIERS ACTION Rencontres acheteurs/ EESS
Conventions acheteurs/EESS
Formations
Objectifs dédiés MP/EESS
Information des entreprises: les actions de l’Etat
Page de la DAE
Programmation quadriennale des achats de L’Etat
https://www.economie.gouv.fr/dae/programmation-des-achats-letat
Guichet unique pour les entreprises
https://www.economie.gouv.fr/dae/guichet-unique-achats-letat
PLACE
bourse à la co-traitance pour les GME
https://www.marches-publics.gouv.fr/docs/outils-esr-
2017/place/Bourse_cotraitance_mode_emploi6.pdf
Merci de votre attention
Malika Kessous
Responsable du pôle achats responsables
Direction des achats de l’Etat
98
The promotion of Socially Responsible Public Procurement through social
economy enterprises
Results and recommendations from the BSI project
Brussels, 18 November 2019
#Buying4SocialImpact
The Municipality of Budapest Department of Public Procurement
dr. Dalma Kittka Head of
Department
THE BUDAPEST JOURNEY REGARDING SOCIALLY RESPONSIBLE
PROCUREMENTS
101
Responsible and Value creating Strategy
Responsibility and Creating values
The Capital of Hungary Livable city environment
The largest municipality Enviroment-friendly solutions are preferred
Public duties Innovation is supported
Raising awareness
Social responsibility Sensitization and encouragment of the Setting examples market
Creating strategies Cutting costs and emmission
local municipalities Creating jobs
big buyers Supporting and motivating young individuals employees
Targeted trainings for civil servants
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
102
Commitment of the City of Budapest
Motivation
Memberships
CEPPI
First steps
Transforming the inner regulations
Pilot procurements
Thematic training program
Involvement of the big public buyers
Running projects
Climate-KIC:
• CLIM-EV-Proc
• E-ZEMCON
BIG BUYERS initiative and pilot
The green, sustainable, innovational and responsible procurement strategy of Budapest
Buying for Social Impact
Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles
Dr. Dalma Kittka
103
2015 New Act on Public
Procurement
CEPPI
2018-2019
Transformation of the inner regulation
Trainings
Invitation in the BIG
BUYERS initiative
Detailed database of the sustainable and
green aspects used in procurements
Best value Electronical procedure New possibility for
exclusion Kbt. 63. § (1) a)
2020 The green, sustainable,
innovational and responsible procurement strategy of
Budapest
New conception for the procurements under the pp
threshold
Introducing the cycle management of procurements
Thematical trainings
Active participation of the public buyers in Bp
Preparation of the Strategy
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
104
Integrating social values and aspects in the Sustainable, green, innovational and responsible
Strategy of Budapest
Raising awareness equal opportunities and equal treatment social values
3 STANDS
increasing cost effectiveness
supporting smes
supporting innovation
general environment protection
creating a healthier, livable city environment
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
105
Why the Strategy is needed
Aims of the development plans Realization
Public Procurement
• PP is a TOOL and an OPPORTUNITY
• - raising awareness
• - motivation of the market
• - realization of long term development plans
such as smart city conceptions
reduction of the environmental impact
protection of values
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
106
Tools to realize responsible and value creating procurements
Total transformation of the regulation and the organisational structure
Long term planning, focusing on the strategic aims
Cycle management of procurements
Measure the benefits
Prior market consultations
Winning the decision makers and the employees (regular trainings, picking the low hanging fruit)
Personalized toolkit
Recording the results
Proper financial planning and ensuring the sufficient funds
Targeted market research, consultation with market operators
„Celebrate and share success”
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
107
Preferring social aspects throughout fulfilment of public duties
Legal background: Hungarian Act on local municipalities – Act 189/2011 Rules for the organization and operation of the Municipality of Budapest Reg. Nr. 53/2014. (XII. 12.)
Socially relevant public duties to be fulfilled by the Capital:
• City cleaning services;
• Ensuring social services;
• Supporting and ensuring doing sports;
• Public lighting, maintaning cemeteries;
• Public transportation;
• Social care of homeless people;
• Basic health-care, services aiming healthy lifestyle;
• Ensuring and maintaning the child care system;
• Rehabilitation of homeless people, general prevention.
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
108
The role of the City Hall
The City Hall is responsible for
- the preparation and realization of the decisions of the General Assembly
- planning, preparing and fulfilling the procurements of the City Hall and the Municipality
- influencing and controlling the Big Public Buyers of Budapest
- control and confirmation of the fulfilment of contracts
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
109
Good practices of the City Hall Basic Principles of equal opportunities and equal treatment Prohibition of discrimination Respecting human dignity National, ethnical and cultural diversity as a value Partneship, cooperation
Aims regarding equal opportunities and equal treatment
Supporting employees with disabilities or special needs
Development of work conditions and circumstances
Accessibility
Equal treatment and equal opportunities throughout recruitment
Supporting young employees: Budapest Grant Program
Training programs and systems
Family friendly Employer 2018
Protection of heathy
Helping the transitional period to retirement
Development the conditions and circumstances of of client management
INTEGRATION in PROCUREMENTS
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
110
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
Good Practices of Big Buyers in Budapest 1.
FŐKÉTÜSZ Kft. – cleaning services Details of the public procurement:
KÉ number: 18891/2017;
• Subject of the work contract: Cleaning services at the seat and the premises of the tendering authority
• Award criteria 1:
„Does the tenderer have a cooperation agreement concluded with a roma public interest foundation, which is registered for at least 3 years and
Does the tenderer undertake to employ roma employees who are registered as disadvantaged persons during the contract period
And does the tenderer undertake to ensure that the number of these employees are at least 8% of the whole staff?
weight: 20
• Award criteria 2:
Price without VAT; weight: 80
• Submitted tenders: 4
• Number of the tenderers who met the social requirement: 2
• Valid tender: 1
• Legal remedy: 0
• It was a successful procedure, the contract was concluded
111
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
Good Practices of Big Buyers in Budapest 1.
FŐKÉTÜSZ Kft. – cleaning services
Experiences of the public procurement:
Negative experiences:
Only 2 tenderers met the social requirements out of 4
Only 1 of them was able to verify the criteria
Positive experiences:
The procedure was beneficial
The tendering authority is absolutely satisfied with the fulfilment of the cleaning services
112
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
Good Practices of Big Buyers in Budapest 2. Budapest Transport Corporation – purchasing uniforms
Details of the public procurement:
KÉ number: 2013/134;
Subject of the delivery frame contract: Delivery of winter and summer uniforms for employees
Evaluation criteria 1:
• Social aspect: The fulfilment of the contract was within the protective job program
• Shall be reserved for sheltered employment
Experience:
„The quality of the products were sadly under the quality of the professional products due to the uneven sewing, nevertheless, the conception truly served a great purpose”
113
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
Good Practices of Big Buyers in Budapest 3. Centre for Budapest Transport – Establishment of a P+R parking lot
Details of the public procurement:
KÉ szám: 15977/2019;
Subject of the contract: Refurbishment and building a new P+R parking lot
Award criteria: Employment of disadvantaged employees, maximum 2 persons
Weight: 0,5
in case of no offerings due to: 0 point
- In case of undertaking 2 disabled employees: 100 points;
- Between 0 and 2 disbled employees the method is the following:
P = the number of points given for the examined issue
A = the number of disabled employees
P = (A / 2) × (P max - P min) + P min
The public procurement is running a the the moment
Questions have arrived due to the social aspects
The date of submission had to be prolonged
114
Buying for Social Impact Socially responsible public procurements in Budapest
18 November 2019, European Economic and Social Committee, Bruxelles Dr. Dalma Kittka
Good Practices of Big Buyers in Budapest 4. BVA Budapest City Image Kft. – Establishment of the integrated playing park and
playground in Csepel Details of the project:
• 3 elements:
purchase of equipment for the integrated fitness park
purchase of toys for the integrated playground
design and building constructions regarding the integrated
playground
• Under public procurement threshold
• + social aspects:
professionals with disabilities were involved in the planning
The promotion of Socially Responsible Public Procurement through social
economy enterprises
Results and recommendations from the BSI project
Brussels, 18 November 2019
#Buying4SocialImpact
THE PURSUIT OF SOCIAL AIMS THROUGH RESERVED CONTRACTS:
BARCELONA CITY COUNCIL
Álvaro Porro González Commissioner of Social Economy, Local Development and Food Policy. Barcelona City Council
1. A general framework of Social Public Procurement Policy in Barcelona City Council
2. Social Public Procurement Guide
3. Special Employment Centres for Social Initiative purposes and Insertion Companies
4. Instruction for Reserved Contracts
5. Complementary actions for Reserved Contracts
6. Social Clauses Advising Service
7. Best Practice Example
OUTLINE
Working towards a Responsible Public Procurement Model:
Social Clauses
Public Procurement considered as a public policy at the
service of the main public policies to promote a new social
and economic model.
Social and environmental efficiency are included in the
contract’s subject matter trying to promote real social
responsibility in public purchasers.
The final social and environmental clauses are the result
of a dialogue with representative stakeholders
(purchasers, trade unions, networks...)
119
EUROCITIES- Social Clauses in Public Procurement
Annual Work Plans 2018, 2019
(Guidelines, purposes and further actions)
RESULTING ACTIONS
Mayoral Decree on Sustainable Public Procurement
(24/04/2017)
Training plan in social public procurement
(since May 2017)
Innovative public procurement guide
(20/11/2017)
ICT public procurement guide
(20/11/2017)
Social Procurement and Human Rights Guide
In collaboration with Human Rights Organisations (16/11/2017)
“Tax Havens” Decree
(19/05/2016)
Price formula instruction
(22/06/2017)
COMPLEMENTARY ACTIONS
INSTRUCTION FOR RESERVED CONTRACTS
(13/05/2019)
SICE: Integrated Electronic Contracting System
Tender platform + electronic contracting file.
For workers directly related to public
contract execution:
► Fair salaries
The labour agreement increment as a selection criteria
► Employment stability
Selection criteria
► Labour Agreement maintenance
Contract performance clauses
► Workforce subrogation
Contract performance clause in public service management and other relevant contracts.
►Gender equality
Contract performance clause that requires each bidder to present a Gender Equality Plan
► Functional Diversity
Clause that requires normative accomplishment.
►Work life balance
Contract performance clause that requires each bidder to present a work/life balance plan.
► Subcontractor’s payment
Contract clause in case of delays in payment by the main purchaser.
► Balanced valuation (prize and quality)
Limited price relevance.
ECONOMIC RIGHTS
SOCIAL RIGHTS
LABOUR RIGHTS..
► Social and Solidarity Economy
Mandatory outsourcing
►Ethical Public Procurement
Measures promoting Social Responsible enterprises (ethical code for tenderers)
►Fair Trade (production and distribution respecting labour rights (ILO core convention)
►City Council Decree Regarding public suppliers and tax haven.
NEW ECONOMY PARADIGM
EVIROMENTAL RIGHTS
►Environmental technical instructions
Technical specifications including environmental criteria
More sustainable city council
http://www.ajsosteniblebcn.cat/es
Clauses promoting labour, economic, environmental and social
rights.
Green Clauses Results
Social Public Procurement Guide (2016) This guide specifies social inclusion, gender equality and social justice measures designed to encourage the award of work, supply and service contracts to companies and professionals that perform public contracts with a business model base on decent wages, stable employment with health and safety protection, environmental sustainability and ethical behaviour.
• Reserved Contracts Within the framework of the annual municipal reservation agreements and depending on the subject matter of the contract, consideration shall be given to tendering by means of contracts reserved for special work centres and social integration enterprises.
Special Employment Centres (SEC) Companies that provide paid work to people with disabilities in order to give them access to the labour market. The objective of these centres is to carry out productive work and ensuring that their workers are properly paid and have enough support services to achieve maximum autonomy, therefore, there is a social objective.
Insertion Companies (IC) Commercial society, worker owned company or cooperative which, lawfully constituted, it carries out any activities of producing goods or providing services. The main aim of the company is the socio-labour integration of people in a situation or at serious risk of social exclusion. The objective is to integrate these people who are excluded from the traditional systems of employment by offering them a job and the necessary training and support to improve their conditions of employability, and to facilitate their access to the labour market.
Instruction for reserved contracts (2019) It includes a new category of Special Employment Centres for Social Initiative purposes (SEC)
and its accreditation process. It clarifies the possibility of reserving only lots and not the whole contract, also specifically for
Special Employment Centres for Social Initiative and Insertion Companies. Makes it mandatory the subrogation of workers in cases of reserved contracts of SEC.
It regulates and limits the weight of price in the bid valuation process. It provides criteria for evaluating the proposal of support, monitoring and training to the
people involved in the implementation of the contract. It explains how a minor contract can also be considered as a reserved contract. Direct
contracting is reserved to the extent that it is intended for an entity that works with people in risk of social exclusion or integration of people with disabilities.
Social Clauses Advising Service
Advising the units and departments of the City Council for the annual
fulfilment of the objectives of reserved contracting
Monitoring reserved contracts
Interacting with Special Employment Centres (SEC) or Insertion Companies
(IC)
Online directory of social economy enterprises including SEC and IC
Promoting and strengthening social and solidarity economy
Online directory of social economy enterprises including SEC and IC
Subcontracting social economy enterprises: may be established as a contract performance condition in municipal public procurement
Revision of the price weighting formula
Division of Contracts into Lots
Pilot project to evaluate social, environmental and participation performance indicators of 30 companies contracted by the City Council to provide services-for-persons
Complementary actions
Some achieved results of the reserved contracts (2018)
Total of minor contracts: 603
Total value: 2.683.312,86 €
Primary objective:
9.000.000,00 €
Total of major contracts: 81
Total value: 7.591.060,43 €
Objective achieved: 10.274.373,29 €
Final objective for 2019: 10M €
A Best Practice Example
Subject matter of the contract City Council’s Department
Contract budget URL
Gardening conservation and cleaning service for the Pegasus Park. Reserved contract for the labour insertion of groups with special employment placement difficulties, including sustainable public contracting measures.
Ecology, Urban Planning and Mobility Area. Municipal Institute of Parks and Gardens
695.022,41 € (excluding VAT) 2 years
https://contractaciopublica.gencat.cat/ecofin_pscp/AppJava/ca_ES/notice.pscp?idDoc=50460160&reqCode=viewCn
AWARD CRITERIA
SCORE (100)
AUTOMATIC CRITERIA 60
Economic offer /price 35
Use of sustainable vehicles 5
Working hours of the professional staff engaged in the support of the people involved in the implementation of the contract
20
VALUE JUDGMENT 40
Proposal of support, monitoring and training to the people involved in the implementation of the contract
20
Proposal of coordination and methodology of the service 20
Thanks for your attention!
Comments are very welcome Contact:
• Álvaro Porro González [email protected]
• Hiring unemployed people with particular job-placement
difficulties and social-exclusion problems clause: [email protected]
• Subcontracting with social-economy enterprises clause:
The promotion of Socially Responsible Public Procurement through social
economy enterprises
Results and recommendations from the BSI project
Brussels, 18 November 2019
#Buying4SocialImpact
Novelty of reserved contracts in Sweden GORDON HAHN, CEO SERUS / CHAIRMAN
COOMPANION
Procurement Sweden - SE • €67 Billions
• "Roadmap for public procurement"
• National Agency for Public Procurement
• Social Consideration
• Dialogue
• Division of Contracts
• Reserved Contracts (article 77 (2019) Article 20 (2016))
Reserved Contracts (art. 77)
• No procurement is made
referring to this article in
Sweden yet.
• Interest is shown from public
side
Reserved Contracts (art. 20)
Reserved Contracts (art. 20)
Municipality of Söderhamn
Dialog
ue
Tendering education
Reserved Contracts (art. 20)
Procurement Center of Dalarna
• 7 procurements with reserved contract
• Bid won by Work Integrated Social Cooperatives
• Public Curtain Laundry, Fruit baskets e.g.
Reserved Contracts (art. 20)
Municipality of Vindeln • Public cleaning in the municipal owned elderly care housing
• 50 % of work force to have documented disabilities
• Samhall won the bid
Reserved Contracts (art. 20)
Municipality of Vänersborg
• Gardening, cleaning outdoor cleaning
• Vocabulair – enterprise instead of company
• Work integrated social cooperative ServiceKompaniet won the bid
Reserved Contracts (art. 20)
City of Gothenburg • Trial work
• Procured as a frame agreement with several WISEs
• Dialogue, mapping
• Several others to be done
Reserved Contracts (art. 20)
Municipality of Halstahammar
• home care services
• Deadline for bid = 2019 10 23
Reserved Contracts (art. 20)
Sweden public employment service
• Work training places (in Gävleborg) with ambition to be nationwide
• Dialogue with WISES
• Report and strategic national ambition to reserve contracts to WISEs
The promotion of Socially Responsible Public Procurement through social
economy enterprises
Results and recommendations from the BSI project
Brussels, 18 November 2019
#Buying4SocialImpact
Adam Gromnica Ministry of Labour and Social Affairs of the Czech Republic
The promotion of Socially Responsible Public Procurement through European Social Funds
Brouxelles, Belgium, EU November 18th, 2019
The promotion of Socially Responsible Public Procurement in the Czech Republic through ESF
How to develop SRPP?
SRPP in the Czech Republic
Czech Republic - National approach
Act No. 134/2016 Coll., on public procument (as amended)
almost fully allows RPP/SPP/GPP... (special conditions for participation or qualitative criteria)
Resolution No. 531 dated 24 July 2017 - Guidelines for the Application of Responsible Public Procurement and Commissioning Applied by the Public Administration and Local Authorities.
„Socially Responsible Public Procurement“
Responsibilities
o Ministry of Regional Development: Act on public procurement
o Ministry of Finance: 3E and central purchases
o MoLSA: (Socially) Responsible Public Procurement
o Ministry of Environment: GPP
o Ministry of Commerce and industry: SME‘s, CSR, Circular Economy
o Ministry of Justice
MoLSA – pillars of SRPP
Project „Socially Responsible Public Procurement“
2016 – 2020 – with an objective to include the principles of RPP/SPP in everyday practice in Czech public procurement
Methodological support, advice, consultation, long-term cooperation with contracting authorities, exchange of best practice examples, etc.
Project „Socially Responsible Public Procurement“ 2016 - 2019
8 topics: 1) employment of disadvantaged people, 2) practical employment experience, apprenticeships and retraining, 3) decent working conditions, 4) SMEs, 5) social enterprises, 6) fair conditions in supply chains, 7) ethical purchasing, 8) environmentally friendly solutions.
3 comprehensive methodologies and other materials published
100 events (conferences, seminars, WSs) on RPP (for more than 3 thousands participants), incl. 4 annual conferences
More than 50 articles, newsletter, LinkedIn, FB, eLearning, etc.
Initiatives in sustainable aspects in centralised purchases
2019 – current state of SPP
General understanding of SPP, new opportunities and topics emerge
Increasing number of contracts with some type of RPP
Increasing number of contracting authorities open to adopt principles of RPP into their procurement policies
Regular meetings of Ministries on SPP
Challenges and barriers
o controlling mechanisms (EU funds) – unpredictable, question of non-monetary and subjective award criteria or „other than usual“ conditions;
o emphasis on administrative rules (instead of outcomes or best value);
o lack of knowledge of SE market and capacities
MoLSA – strategy for RPP 2014 - 2019
2014: Strategy of Responsible Public Procurement for MoLSA 3 priorities: o socially responsible public procurement, o environment-friendly solutions, o diversity in the supply chains
Internal regulation: principles of RPP/SPP + checklist
A huge number of public contracts with RPP/SPP aspects: supplies of office equipment, facility management, supplies of food and material aid, sustainable events and promotional items, etc.
2019 – updates, challenge: extension to the whole organization
MoLSA – Leading by example
Social enterprises involved in the supply chains for conferences (catering for the events/conferences)
Canteen provider Reserved contracts Employment conditions in tenders (printing services)
Project „Supporting Implementation and Development of socially responsible public procurement“ Ministry of Labour and Social Affairs www.sovz.cz/en
Adam Gromnica, [email protected]
The promotion of Socially Responsible Public Procurement through social
economy enterprises
Results and recommendations from the BSI project
Brussels, 18 November 2019
#Buying4SocialImpact
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Service public de Wallonie | SPW Secrétariat général
Social Clauses in Public Procurement
Experience in Wallonia
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Service public de Wallonie | SPW Secrétariat général
Background
Context: high unemployment rate
• 1996: first experience of social clauses in Wallonia
Gradually abandonned (lack of political support)
• 2013: relaunch of a global reflexion on social clauses
for work public procurements with all the stakeholders
• 2019: New context - manpower shortage in the
construction sector…
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Service public de Wallonie | SPW Secrétariat général
Stakeholders
Contracting Authorities
- Regional - Local - Social housing
companies
Social Economy Entreprises - Federation of
social economy companies
Construction Companies
- Walloon Federation of
Construction Companies
Designed as a partnership between:
Training/ employment organisation - Employment Agency - Training Agency
- Education Ministry
Appointed as « facilitators »
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Service public de Wallonie | SPW Secrétariat général
Working of the « flexible social clause »
Winning tenderer
Contracting authority
Training of interns x hours of
training for max x €
Subcontracting to social economy
(integration) % € of the awarded
procurement
Facilitator •Helps to look for trainees or social economy entreprises •Helps for the procedure
Facilitator •Helps for the drafting of the clause •Calibrates the social effort according to the type of work
Execution phase Drafting phase
Social clause in performance conditions
or/and
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Service public de Wallonie | SPW Secrétariat général
Monitoring system – key results
Implementation report every 6 months
Data provided: between January 2014 and December 2018.
Indicators (since 2014) December - 2018
Total Procurement with Social Clauses 442
Amount of contracts with social clause € 398.660.418,44
Trainees on public procurement 410
Contracts concluded with social economy entreprises
75 6 20 50
128
182 218
259
333
391
442
Total Public Procurement with Social Clauses
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Monitoring system – key results
Drafting [PERCENTAG
E]
Execution phase
[PERCENTAGE]
Executed [PERCENTAG
E]
Total Public Procurement with Social Clauses (442)
Fully executed
[PERCENTAGE]
Partially executed
[PERCENTAGE]
Not executed
[PERCENTAGE]
Execution rate of the social clause (out of 129)
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Monitoring system – key results
Mandatory 68%
Voluntary 27%
Unknown 5%
Voluntary or mandatory insertion of social clauses
- November 2013: mandatory for régional building procurement and social housing >1.500.000€
- July 2016: mandatory for regional building public procurement and social housing >1.000.000€
- Septembre 2017: mandatory for regional infrastructure public procurement (road)
- Soon: mandatory for subsidised public procurement
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Service public de Wallonie | SPW Secrétariat général
Monitoring system – key results
* « Training through work » entreprises: provide training, in real work situations for trainees with integration difficulties (“disadvantaged persons“ ) ** Integration entreprises: companies with a specific social goal of long-term integration a of disadvantaged or severely disadvantaged persons. *** Sheltered workshops: companies aiming at the professional integration of people with disabilities
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Conclusion
• 5 years after: impact more and more visible
• Spirit of partnership and involvement of all
stakeholders = key to success
• High political support – 5 ministers involved
More and more mandatory
Financing the « facilitators » (yearly budget: 130.000€)
Each public procurement counts!
The promotion of Socially Responsible Public Procurement through social
economy enterprises
Results and recommendations from the BSI project
Brussels, 18 November 2019
#Buying4SocialImpact
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