Public procurement directive recognises the specificities of social services

On 13 November 2013, we spoke at a conference on public procurement organised by our member EASPD at the European Parliament. Valentina Caimi, Policy Adviser, presented Social Platform's assessment of the directive, only in relation to social and health services.

Our overall assessment of the directive is positive. However, some provisions which are very important for social and health services, are not clear or give room for very different interpretations. The legislator has given the possibility to national governments to make crucial choices in the transposition phase and the ultimate choice is then on contracting authorities, at regional and local level. This is why the directive contains opportunities for the social sector, but also some risks depending on how it will be implemented in the national laws.

What are the positive elements of the directive?

  • the "most economically advantageous tender – MEAT" (a set of criteria which include the price or cost and may include qualitative, environmental and / or social considerations) is the main criterion to award contracts for the purchase of every kind of works, services and goods (but it is still possible to use the lowest price or cost)
  • for procedures referring to social and health services, in the transposition phase member states can decide that MEAT is the only criterion to be used to award contracts, by abolishing the lowest price or cost
  • a "special regime" for social, health and other services provided directly to the person has been laid down, therefore recognising that these services have features that make them different from other services: the special regime means a higher threshold (the directive applies to contract equal to or above 750.000€, while the general threshold is 500.000€) and simpler rules
  • reserved contracts for economic operators whose main aim is the social and professional integration of persons with disabilities and disadvantaged persons have been kept (art. 17)
  • the recognition of alternatives to public procurement for social, health and other services to the person.

What are the missed opportunities?

  • in relation to reserved contracts for social, health and other services to the person (art. 76a), the definition of the organisation to which this provision is applicable is not clear at all and the maximum duration of three years for these contracts is very short and goes against the principle of continuity of service provision
  • in the award of contracts for social services, the dimension of quality could have been stressed more
  • in the definition of MEAT, the price or cost is still the main factor on which to define MEAT.

These elements were shared by Social Services Europe and by many other participants. The directive will be adopted at the beginning of next year. Therefore it is important that social NGOs and service providers dialogue with governments at national level, to make good use of the opportunities that the directive offers to achieve social goals. The role of European networks will be to help national members in this direction. For more info, have a look at the full presentation.