Udział podmiotów ekonomii społecznej w zamówieniach na usługi społeczne i inne szczególne usługi

Abstract

Abstract

The participation of social economy entities in procurement contracts for social services and other specific services is ensured through legal regulations adopted at both the EU and Polish levels. One of the goals of the public procurement system is to promote sustainable public procurement, encompassing innovative, environmental, and social aspects. The purpose of this paper is to examine the current model of regulations governing procurement of health, social, and cultural services reserved for social economy entities and their share in the total number of contracts incorporating social aspects. The author's main thesis is that the current legal regulations governing procurement of social services and other specific services require amendment to increase the flexibility of the service clause among contracting authorities spending public funds. This paper consists of three parts. The first presents the legal framework for social aspects in public procurement under European Union and national law. The second part analyzes the current structure of the service clause as an instrument supporting the participation of social economy entities in public procurement. The third part will present de lege lata and de lege ferenda conclusions and postulates, including proposals for changes to the currently applicable provisions on procurement of social services and other specific services.