Beaktande av sociala hänsyn i offentlig upphandling – Särskilt vid tekniska specifikationer

One of the aims with social considerations in public procurement is to lead the development into a sustainable direction. The procuring authority has in every case on the basis from the subject matter of the contract and the objectives that are pursued to assess which social considerations are of relevance for the procurement at issue.

A problem with social considerations is that they primarily relate to the manufacturing process. They cannot be evaluated on the basis of the end product and they are difficult to control in a globalized production with complex supply chains. Criteria that include social considerations may be used to decide which of the tenders are economically most advantageous if they entail an economic advantage for the procuring authority and relate to the product/service that are object of the contract or to the manner in which the contract is carried out. It is not allowed to reserve a contract to a specific category of suppliers or to apply price preferences.

In this article, it is also discussed whether it is suitable to use public procurement as a means to achieve goals that are socio-political. It can be argued that such considerations do not have full effect within public procurement and complicate the regulations.

The use of social considerations prerequisites thorough understanding and knowledge of how to implement them in the definition of the objectives with the public procurement and in the technical specifications.