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EASPD discussion note - Developing Alternatives to Public Procurement in Social Services: what legal options exist?

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A discussion note on how authorities can develop funding models that do not fall under the scope of the EU Public Procurement Directive.

EASPD has long been active on public procurement, not only because it is regulated at EU level, but also due to it affecting various parts of service provision for persons with disabilities.

Whilst having a positive impact in terms of creating employment for persons with disabilities, Public Procurement is often criticised when it comes to the buying of social care and support services, with our members often prefering other funding models. Regulated at EU level, the EU Public Procurement directive makes it difficult for authorities to know exactly when to apply it and when they can use alternative models.

For this reason, EASPD has developed a discussion note which explores how and under what conditions authorities can develop funding models that do not fall under the scope of the EU Public Procurement directive. EASPD received advice from the law firm Sidley Austin LLP in developing this discussion note.

What to do with this discussion note

Please read the discussion note “Developing Alternatives to Public Procurement in Social Services: what legal options exist?” and do not hesitate to use it in your discussions at national level. Given the complexity of the issue, please contact us if you believe there is a mistake involved and we will be happy to explore and discuss changes.

Disclaimer

The discussion note is for information purposes only and does not imply an EASPD position on the topic.

Discussion note