SOCIALLY RESPONSIBLE PUBLIC PROCUREMENTS AS A STATE POLICY TOWARDS THE PUBLIC PROCUREMENT MARKET (CONTEXT OF THE PUBLIC SUPERVISION OVER THE PUBLIC PROCUREMENT MARKET)

Abstract

The very essence of public procurements is usually perceived as a platform for the flow of services, supplies and public works between contracting entities and contractors. The former ones, due to the availability of public funds, are obliged to select contractors and conclude contracts with them through appropriate procedures, rather than in a manner resulting solely from the principle being the civil law freedom of contracts. The contractors, on the other hand, usually participate in the mentioned procedures, pursuing their particular interests focused on the desire to reach profits. Introduction to the Polish legislation of the EU directives of the provisions concerning the so-called socially responsible public procurements signifies a change in the said arrangement. On the one hand, the ordering entity has a possibility of applying different requirements (the so-called social criteria), the purpose of which is to trigger positive social impacts (e.g. promoting 'decent work', supporting 'social inclusion' or even taking into consideration the issues of 'ethical trade'). On the other hand, contractors, who generally pursue their interest, can participate in the process of developing the mentioned effects. Therefore, the functioning of the discussed category of public procurement should be included in the context of a specific state policy in relation to the public procurement market. This policy defines the role of the ordering parties and the contractors - in the described way. The existence of socially responsible public procurements, considered at the level of state policy (including the necessity to comply with the law), implies at the same time the legal shape of public supervision of the state over the public procurement market.