European Commission publishes guides on procurement for authorities
The European Commission has published two guides on procurement for public authorities covering how to provide high quality and efficient services within the EU rules, and to take into account social considerations.
The guide on quality of services sets out how member states can finance services of general interest in compliance with state aid rules.
“It states clearly that the rules are not about imposing a particular model of the organisation of public services, but about ensuring that the funding provided does not go beyond what is necessary,” the Commission said.
“It answers questions raised by various stakeholders on the entrustment of services of general interest to external providers and on the calculation of the compensation due to these providers.”
The guide examines the definition of terminology such as service of general interest, general interest or act of entrustment.
The Commission said the guide – an update of the FAQs on state aid and public procurement issued in November 2007 – also:
- explains how public authorities can use public procurement rules and, at the same time, ensure quality, innovation, continuity and comprehensiveness of social services
- clarifies the conditions under which the provision of social services can be limited to non-profit providers
- provides specific guidance on the application of the Internal Market rules, and of the Services Directive, to social services
- highlights that the application of the Directive does not prevent member states from regulating, or from continuing to regulate, social services in order to guarantee their accessibility and quality.
Brussels said the second guide was intended to be a “very concrete tool” on buying goods and services in a socially responsible way and to highlight the contribution public procurement can make to stimulate greater social inclusion.
“Public procurement represents 17% of the GDP of EU Member States,” the Commission said. “While preserving competition and transparency, it may be used in a way to steer the market in a more socially responsible direction and thus contribute more generally to sustainable development.”
It insisted that existing EU public procurement rules offer a wide range of possibilities to take social aspects on board at various stages of the procurement process, adding that the guide sets out clarifications which will “allow public purchasers to integrate with greater confidence social considerations in public procurement, while ensuring equal access to all European interested bidders and guaranteeing an efficient use of public money”.
The guide includes practical examples covering a broad range of issues, including:
- promoting equal chances and employment opportunities
- improving labour conditions
- social inclusion of vulnerable persons, such as disabled persons,
- compliance in substance with the provisions of the fundamental ILO conventions and the like.
The Commission added that the exercise was in line with the Europe 2020 Strategy and the EU goals for smart, sustainable and inclusive growth.
The state aid guide can be downloaded here, while the guide on social considerations is available here.
