The Social Costs of Public Procurement Cover Image

Społeczne koszty udzielenia zamówienia publicznego
The Social Costs of Public Procurement

Author(s): Marcin Matczak
Subject(s): Civil Law, Law on Economics
Published by: Łódzkie Towarzystwo Naukowe
Keywords: zamówienia publiczne; koszty cyklu życia; aspekty społeczne; public procurement; life cycle costs; social aspects

Summary/Abstract: The aim of the article is to conduct an analysis of social life cycle costs assessment (social LCC) and the permissibility of its application by a contracting authority in public procurement procedure. Eventually, the scope of the article includes the research of a correct form of application of social LCC and its advantages and disadvantages. The aforementioned analysis is based on the comparison of provisions of European and Polish public procurement law, in particular on the so called classic directive and the Public Procurement Act. What is more, chosen elements of social LCC have been thoroughly described, such as: public health, employment rate and its conditions and fair trade. The article is based mostly on the results of legal research. However, it includes also the recall of recommendations of governmental organisations and judgments of courts and public authorities on the aforementioned topic. In outcome of the conducted analysis it is concluded that social LCC is permissible as an element of the description of subject of public contract and as a criterion of the award of public contract. Beside the advantages, such as reduction of longterm costs of public procurement and the concentration on social aspects, social LCC has got also disadvantages, such as lack of its application in current practice of the award of public contracts and struggle in assembling thorough data necessary to assess the social LCC in a proper way. Furthermore, the accent is put on the dissatisfying level of regulation of that institution and the necessity to imply an appropriate methodology. Besides, the application of social LCC by contracting authorities on the level of drafting of a public investment is recommended.

  • Issue Year: 2017
  • Issue No: 104
  • Page Range: 83-100
  • Page Count: 18
  • Language: Polish