Aggregate Models of Public Procurement and Secondary Considerations: An Italian Perspective

The Law of Green and Social Procurements in Europe, pp. 165-178, R. Caranta and M. Trybus, eds., DJØF, 2010

Posted: 8 Sep 2012

See all articles by Gabriella M. Racca

Gabriella M. Racca

University of Turin - Department of Management

Date Written: September 7, 2010

Abstract

Aggregation of public demand may have positive effects on the demand for green and socially conscious goods. The exemplary role of procuring entities in fostering sustainable procurement is automatically accentuated by the mass of aggregated procurement. The economies of scale possible through the aggregation might also more than offset the possible higher costs of sustainable products and services compared with traditional ones. Moreover, sustainable procurement is fraught with difficulties, not least because of the legal uncertainties surrounding it. Small buyers might be discouraged to go down this path. Aggregating demand and procuring larger quantities makes it easier for the buyer to invest the resources necessary to draft contract documents which incorporate sustainable considerations without breaching general provisions protecting competition and free movement of goods and services.

The article underlines the positive effect that the aggregation of public demand can have for the incorporation of green and social clauses in consideration of the overall amount of their purchases, central purchasing bodies can better influence and stimulate the market for sustainable products and services. In fact, they can award framework agreements assuring a “social” value for money, in compliance with the discretionary choices of the member States and in a more efficient way compared to individual procuring entities.

Moreover, embracing sustainable clauses, Italian central purchasing bodies would legitimize the incorporation of the same clauses by individual contracting authorities, thus creating a new efficient “model” that avoids claims and helps them to overcome difficulties and problems of compliance with EU Directives.

Keywords: Public procurement, EU public procurement law, Green and Social consideration

JEL Classification: H57

Suggested Citation

Racca, Gabriella M., Aggregate Models of Public Procurement and Secondary Considerations: An Italian Perspective (September 7, 2010). The Law of Green and Social Procurements in Europe, pp. 165-178, R. Caranta and M. Trybus, eds., DJØF, 2010, Available at SSRN: https://ssrn.com/abstract=2143135

Gabriella M. Racca (Contact Author)

University of Turin - Department of Management ( email )

C.so Unione Sovietica, 218 bis
Turin, 10100
Italy

HOME PAGE: http://www.management.unito.it/racca

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