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Social Public Procurement Guide

  • Published on May 31, 2022

This social public procurement guide is based on current legislation, in particular Directive 23/2014 on Concessions and Directive 24/2014 on Public Procurement, pending implementation, and Royal Legislative Decree 3/2011, of 14 November, approving the consolidated text of the Public Sector Contracts Act. The most significant reflections and recommendations on this matter have also been taken into account, as in the Proposal for Good Practices in the Procurement of People Care Services, drawn up by the Ombudsman in 2013; the Code of Good Practice for Public Procurement of People-Care Services, as signed in December 2015 by the Generalitat [regional government] of Catalonia with various bodies representing the people-care services sector, and the Guide to Including Social Clauses in Contracts, drawn up by the Generalitat’ Public Procurement Advisory Board. The most advanced practical actions have also been taken into account, for example, Instruction 1/2016, of Madrid City Council, on the incorporation of social clauses, as well as pronouncements by bodies responsible for deciding on special resources with regard to procurement. The City Council as a whole, and the companies and entities with a majority municipal stake that make up the municipal group must apply the contents of the guide, with the corresponding adjustments, depending on the respective legal framework, sphere of action and jurisdictional powers. The various measures in the guide will be included in the specimen specific administrative clause for each type of contract. Barcelona City Council wants business sectors, associations and citizens’ organisations to discuss the action criteria included in this guide, so that the dialogue process culminates in the approval of a new municipal decree on social and environmental procurement to replace the Mayoral Decree of 20 November 2013, currently in force, and amend or repeal the corresponding regulations to bring them into line with these goals. The guide consists of a general introduction, four sections describing works, services, services-for-people and supply contracts, and the list of social clauses.


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