PUBLIC PROCUREMENT & CSOS

Luben Panov European Center for Not-for-Profit Law

The Monitoring Matrix Indicators

Legislation CSOs can provide services in specific areas No discrimination compared to other providers No barriers to receive funding & long-term contracts Clear and transparent procedure Practice CSOs obtain contracts No delays in payment Competitions are considered fair CSOs are not subject to excessive control

Types of state funding

Budget subsidy Budget grants % Mechanism

Public procurement Social contracting Vouchers, individual budgets

Funding service delivery

Grants :

Legal obstacles; The specific activity is not clear; Supporting the capacity; Developing new services.

Contracts:

Clearly measurable services; Services that may need long-term support.

Procurement of services

Mechanism - public procurement or other mechanisms in specific areas (e.g. social contracting, vouchers) Social services of general interest (possible exception) services provided directly to the person Benefits of having a separate mechanism
Easier

procedures; Possibility for CSOs to have competitive advantage; Reflecting specificities of the area.

Access of CSOs

Eligibility are CSOs allowed to compete on an equal basis?

Eligible

under procurement rules Economic activity limitations Limitations in specific areas

Preferential treatment of CSOs?

Reserved areas

for CSOs; Preference if other requirements are equal.

Practical issues

Thresholds for small purchases no special procedure is required VAT registration for bigger procurements could this affect the nonprofit activities Guarantees for participation and implementation Access to funding for CSOs loans? High financial requirements? Can CSOs become contracting authorities?

Thank you!

Luben Panov luben@bcnl.org www.ecnl.org