Contract award criteria in public procurement procedures – The possibility of improving the situation of society from the perspective of the European Union and Poland

TL;DR

This paper explores how public procurement can improve society by using social and economic criteria in contract awards, as allowed by EU and Polish laws.

Contribution

The paper highlights the potential of social and non-price criteria in public procurement to enhance societal benefits under EU and Polish legal frameworks.

Findings

EU Directive 2014/24/EU supports using economic and social benefits in public tenders.

Poland’s Public Procurement Law allows criteria like employing marginalized groups.

Effective implementation of non-price criteria can improve social integration and living standards.

Abstract

Public tenders are vital for a country’s GDP and citizens’ quality of life, enabling public administration to achieve various goals. Developing and developed countries allocate over 10% of their GDP to public procurement. This highlights the significant societal support public tenders can provide, making it important to consider how they can further benefit society.

Public procurement can achieve policy objectives and benefit society by selecting tenders based on criteria beyond price, such as economic advantage and social benefits. This approach, endorsed by EU directives since 2014, encourages innovation and socially responsible practices. Contracting authorities in the EU can use social, environmental, and qualitative criteria to determine the most advantageous offers.

Poland’s Public Procurement Law (PPL) allows contract award criteria based on quality and price, including social aspects. Contracting authorities can specify criteria like employing marginalized groups, though these criteria often face scrutiny and legal challenges. Non-price criteria aim to enhance competition and achieve social, environmental, and economic goals.

EU and Polish laws permit and encourage using social aspects as contract award criteria in public procurement. However, contracting authorities must analyze priorities, risk balancing, time constraints, and departmental coordination to effectively implement these criteria. This approach can improve the social situation and support specific groups.

Public procurement significantly influences a country’s economy and quality of life, with EU and Polish laws allowing social criteria in contract awards. Directive 2014/24/EU supports tenders based on economic and social benefits. Poland’s PPL aligns with this, emphasizing marginalized group employment. Effective implementation fosters job creation, social integration, and improved living standards.