2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN € 1 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN CONTENTS Introduction 3 General considerations 4 Reference standards 5 Information about law 9/2017, of 8 november, on public sector contracts 6 Specific considerations of the plan 8 I.- Social measures 8 Summary table 14 II.- Enviromental measures 16 III.- Measures related to innovation 19 Annex. Tools and resources for implementing the plan 21 I.- Monitoring protocol 21 II - Support instruments 22 III.- Training 23 IV.- Creation of improvement forums 24 2 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN INTRODUCTION Article 9 of Mayoral Decree S1/D/2017-1271, of 24 April, on Barcelona City Council’s Sustainable Public Procurement prescribes the devel- opment of an annual Sustainable Public Procurement Plan. This corresponds to the Socially Responsible Public Procurement Commission, who will propose the aforementioned Plan within the first quarter of each year, setting forth the objectives that the entire municipal organisation will need to achieve in this field. Later, the Commission will draft a compliance report detailing the annual objectives which will be published and put to the Public Pro- curement Committee for their consideration. This annual programme offers an advanced and structured view of the municipal objectives in the field of strategic public procurement to the businesses that participate in calls for tenders initiated by Barcelona City Council and its subsidiaries, enabling the social, environmental and innovative measures incorporated into each tender to be designed and strengthened within a general framework. This initial Plan does not contain specific quantified targets, but rather guidelines of a general nature. The Plan will be drawn up while the train- ing programme is being developed by technical staff and a computer program is launched to monitor the data derived therefrom. By the end of the 2018 fiscal year, some statistical data on performance will be available that will enable the future 2019 Plan to be produced, which will then set forth quantified targets. 3 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 3 GENERAL CONSIDERATIONS This plan proposes action criteria for each promotion unit to apply in accordance with the conditions and characteristics of each procure- ment file. Each social, environmental or innovative measure will require a specific motive for its application to be stated in the file. The definitive implementation of each measure will complement that indicated in the Guides on Social, Environmental and Innovative Pub- lic Procurement approved by Decree S1/D/2017-1271, of 24 April, on Sustainable Public Procurement of the Barcelona City Council, and the Instruction from Barcelona City Council for applying Law 9/2017 on Public Sector Contracts. 4 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN REFERENCE STANDARDS Decree S1/D/2017-1271, of 24 April, on Sustainable Public Procurement of the Barcelona City Councilator Barcelona City Council’s Social Public Procurement Guide Barcelona City Council’s Environmental Public Procurement Guide Barcelona City Council’s Innovative Public Procurement Guide Law 9/2017, of 8 November, on Public Sector Contracts Instruction from Barcelona City Council for applying Law 9/2017 on Public Sector Contracts 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 5 INFORMATION ABOUT LAW 9/2017, OF 8 NOVEMBER, ON PUBLIC SECTOR CONTRACTS The explanatory memorandum of this Law The Law also stipulates that in the service determines that one of its main objectives is contracts from Annex IV, as well as those that to attain an improved quality-price ratio in are subject to the supply of intellectual servic- public procurement. es, criteria related to quality must represent a minimum of 51 percent of the points avail- Article 147 stipulates that the procurement able in the evaluation of the offers. This does bodies will ensure that adjudication criteria not negate the necessary balance of points are established that allow for high-quality established among the automatic scoring cri- procurement. teria and those of value judgement. Strategic Article 100.2 stipulates that the maximum public procurement measures may also be tender budget will itemise direct and indi- established in the criteria, supported by math- rect costs, including labour costs in all con- ematical formulas. tracts in which the cost of the salaries for the Article 149.4 states that, in any case, procure- workers that will perform the contract forms ment bodies will reject offers that are proven part of the total cost of the same, based on a to be abnormally low because they violate reference labour agreement. subcontracting regulations or do not meet the obligations applicable to environmental, social or labour matters, whether national or international, including compliance with cur- rent collective sectoral agreements. 6 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN Article 145.2 of the Law on Public Sector Con- The explanatory memorandum of the LCSP tracts/2017 (LCSP, per the Spanish acronym), also mentions that, with the aim of encourag- enables social concerns to be established in ing respect for human rights, and especially the adjudication criteria, citing the improve- the rights of workers and small producers ment of labour and salary conditions, and in developing countries, the possibility has also job stability in the text. been introduced for the award criteria and performance conditions to incorporate so- The 51st Additional Provision of this Law stip- cial aspects in production and commercial- ulates that procurement bodies may prevision isation processes, in relation to the work, payments to be made directly to subcontrac- supplies or services that shall be provided in tors in the Specific Administrative Clauses. accordance with the contract in question. Article 71.1.d) establishes that those compa- Article 126.4 indicates that whenever the sub- nies with 50 or more employees that do not ject of the contract may affect the environ- comply with the requirement of having a min- ment, the technical specifications shall be imum of 2% of workers with disabilities will be defined through the application of sustaina- prohibited from entering into contacts with bility and environmental protection criteria. public administrations, in accordance with Article 42 of Legislative Royal Decree 1/2013, Additionally, Article 145.2.1 cites possible ad- of 19 November, and equally, those companies judication criteria of an environmental nature, with more than 250 employees who do not such as: reducing greenhouse gases, employ- have an Equality Plan, pursuant to Article 45 ing energy saving methods and energy effi- of Framework Act 3/2017, of 22 March. ciency, using renewable energies, maintaining or improving natural resources, etc. Article 125 of the LCSP/2017 determines the requirements that must be taken into account Article 99.1 establishes that the subject of the in the drafting of the Technical Specifications, contract may be defined based on its func- explicitly mentioning all of the needs, includ- tional characteristics without closing a single ing universal accessibility and functional solution, particularly in contracts that assess design or design for all. the incorporation of social or environmental technological innovations. Article 126.2 establishes that all procurement aimed at physical persons must capture the requirements of the United Nations in regards to people with disabilities, as well as universal accessibility criteria. 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 7 SPECIFIC CONSIDERATIONS OF THE PLAN I.- SOCIAL MEASURES Information about Information about the Adjudication Criteria: maximum tender budget 1 Price valuation worth less than 35% of the total points Motive/description: Sustainable public procurement decree. Page 18 Motive/description: Sustainable public As a consequence, and in line with the From 9 March procurement decree. Page 19. Instruction Social Public Procurement Guide, which 2018 Plan Objective: 2018, with the coming into force of the from Barcelona City Council for applying has been expanded upon and reinforced new LCSP 9/2017, Law 9/2017 on Public Sector contracts, in Article 9.4 of the Instruction from Bar-a breakdown of the into direct costs (including sal- Article 9.4 celona City Council for applying Law budget aries) and indirect costs 9/2017 on Public Sector Contracts, in must be con- 2018 Plan Objective: Based on an accu- general, the points awarded for pricing sidered as a legal requirement, not only rate and thorough calculation of the max- as a social measure. shall not exceed 35% of the total points.imum tender budget, the price valuation should not be a decisive factor in the vast Motives for giving a higher score must Information about majority of contracts. In consideration be justified in the file. subcontracting: of the new LCSP/2017 guidance, it must Percentages that are lower than the one be ensured that the adjudication criteria indicated for the price evaluation may be Motive/description: Sustainable public is designed in such a way that it enables established, based on the specific char- procurement decree. Page 19 the acquisition of high-quality works, acteristics of the contract or the econom- In order to carry supplies and services with the aim of at-2018 Plan Objective: ic sector in which it is framed. out the accurate monitoring of payment taining an improved quality-price ratio. defaults in subcontracting, the main contractor will have to certify compli- ance with payment terms to the sub- contracting company through the SEI application on a regular basis. 8 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 2 Abnormally low tender offers 4 for workers employed in Motive/description: Sustainable public performing the contract procurement decree. Page 20 Motive/description: Sustainable public 2018 Plan Objective: Measure to be in- procurement decree. Page 23 cluded in all municipal contracts. 2018 Plan Objective: This adjudication 3 Better salaries for workers criterion will be applied in the event employed in performing that the workforce is not expected to be the contract transferred, and when market studies and knowledge of the economic activity Motive/description: Sustainable public sector indicate the existence of insecure procurement decree. Page 22 employment contract conditions, with 2018 Plan Objective: This adjudication little stability. criterion shall be applied on a preferential basis, where there exists a need to en- 5 Other possible courage greater remuneration in sectors adjudication criteria where the professional categories with The Social Public Procurement Guide the lowest qualifications can be found, does not constitute a strict catalogue of and especially in those with the most un- measures. On the contrary, it is expected stable levels of remuneration. that it will be continuously reviewed and improved in accordance with other spe- cific guidance documents and regulation updates. In this respect, in accordance with the provisions of Article 145.2 of the LCSP/2017, in particular, the possibility of including measures to foster female procurement as an adjudication criteri- on has been included in the Plan. 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 9 Information about Special Performance Conditions: 1 Employing unemployed people 2 Subcontracting with social 4 Transfer of staff or those at risk of social economy enterprises1 exclusion Motive/description: Sustainable public Motive/description: Sustainable public procurement decree. Page 26 Motive/description: Sustainable public procurement decree. Page 24 2018 Plan Objective: The application of procurement decree. Page 28 2018 Plan Objective: This measure must this measure is limited to contracts that 2018 Plan Objective: This measure will be activated when, after an analysis of the strictly adhere to the following charac- be applied to all contracts, on a compul- contractual provisions, it is considered teristics, and functions on a cumulative sory basis, when there is a minimum of that it may represent a social efficiency basis: 15 workers or more employed in per- to establish, as a performance condition, Successive contracts in which there forming the contract. that the contractor must subcontract is no legal or conventional obligation with social economy enterprises. An estimate for this criterion would in- to transfer the workforce. clude a minimum of 1 full-time, or 2 part- 3 Paying subcontracted companies The workforce is highly important in time workers (half-day), for each fraction qualitative and quantitative terms. of 10 workers employed in performing Motive/description: Sustainable public the contract. procurement decree. Page 25 Ensuring the permanence of people who carried out the activity in the Non-specialised professional qualifi- 2018 Plan Objective: This is a cross-sec- previous contract is considered es- cations of the staff members required toral measure which must be applied on sential in order to guarantee a service may be a criterion used to activate this a compulsory basis in all contracts in provision with the maximum technical measure, but is not exclusive to this. the terms proposed in the Social Pub- efficiency and as a social objective to The measure is fully applicable to other lic Procurement Guide, whenever the guarantee work stability. qualified professions and trades that are specifications recognise the possibility experiencing increasing numbers of un- of subcontracting. Staff members have provided the ser- employed workers with social difficulties. vice without interruption over a long period of time. 1 Measures 1 and 2 incorporate an active protocol and advisory service on behalf of Barcelona Activa, based on the management commission approved on 06/04/2017 by the Government Commission. 10 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 5 Maintaining working conditions Prior to receipt of the provision, the con- 2018 Plan Objective: Applied on a prefer- while the contract is in force tractor must present the contract man- ential basis when considered essential for ager with a final report on the effective the performance of the public contract, Motive/description: Sustainable public application of the measures during the either to contribute to the fight against procurement decree. Page 27 performance of the contract. the chronic feminisation or masculinisa- 2018 Plan Objective: A cross-sectoral tion of certain professional categories This performance condition may only measure. This provision is to be included (horizontal segregation), in particular be excluded in the event that people in all tenders that involves workers in the to encourage breaking through ‘glass are not involved in the performance of performance of the contract. ceilings’ (vertical segregation) which the contract, or where the short-term hinder women from gaining access to 6 Gender equality: performance period thereof (less than highly-qualified professional categories three months) does not recommend its or managerial positions, or in services This measure is applied on a cross-sec- application. in which there is a desire to guarantee toral and preferential basis in contracts However, even if this condition is not in- the citizens’ right to receive user support for services to the people, using suitable cluded in accordance with the indications from a woman or a man. ratios in all contracts in which physical in the preceding paragraph, it should be persons are performing the contract. The contractor must communicate the num- noted that Article 71.1.d) of the LCSP es- ber of men and women performing the con- Equality plan: tablishes that all companies with more tract, indicating their professional catego- than 250 workers who do not have an Motive/description: Sustainable public ries, in relation to the collective aim of the Equality Plan pursuant to Article 45 of the procurement decree. Page 30 measure (staff in managerial positions and Framework Act 3/2017, of March 22, are other professional categories and profiles), 2018 Plan Objective: In accordance with prohibited from entering into contracts in order to certify that they comply with the Article 45 of the Framework Act 3/2017, with public administrations. ratios required. of 22 March, all contractors with legal ob- Parity between men and women in ligations must present a Plan for Equality The application of this measure is considered professional profiles and categories: among men and women within the first mandatory in contracts involving more than ten days following the date of contract Motive/description: Sustainable public 100 workers. formalisation, which will be applied to procurement decree. Page 30 In the case of staff transfers, the measure people performing the contract and, in may focus on replacements or redundancies, the event that they are not legally obliged so that the new intake adheres to the parity to produce an Equality Plan, they will be trend. required to present applicable alterna- tive measures related to the workers participating in the performance of the contract. 11 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN Inclusive communications: This performance condition may only be ex- cluded in the event that interpersonal rela- Motive/description: Sustainable public tions are not implied in the performance of procurement decree. Page 31 the contract, or where the short-term perfor- 2018 Plan Objective: Applied on a mance period thereof (less than three months) cross-sectoral basis in contracts that in- does not recommend its application. clude interpersonal relations or commu- nication elements. 7 Equal opportunities and non-discrimination Measures against sexual harassment against LGBTI people and for reasons of gender: Motive/description: Sustainable public Motive/description: Sustainable public procurement decree. Page 31 procurement decree. Page 31 2018 Plan Objective: This measure is ap- 2018 Plan Objective: Applied on a plied on a cross-sectoral and preferential cross-sectoral basis in all contracts which basis in contracts for services to peo- include interpersonal relations. ple, using suitable ratios in all contracts The document submitted by the contractor where physical persons are performing will include, as a minimum, the following the contract. measures: information campaigns detailing The contractor must provide a follow-up re- sexual harassment behaviours and/or gender port on the measures applied during the per- harassment, training initiatives, and the desig- formance of the contract, approximately one nation of one or more persons of reference month before the contract ends. who will ensure a work space free of sexist violence. 8 Balancing work, personal The contractor must provide a follow-up re- and family time port detailing the measures applied during the Motive/description: Sustainable public performance of the contract and the effective procurement decree. Page 32 level of compliance with these, approximately one month before the contract ends. 2018 Plan Objective: This measure is ap- plied on a preferential basis when there is a substantial need for human resources for the performance of the contract. 12 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN Contractor compliance will be established for 10 Universal Accessibility reconciliation measures for people perform- Motive/description: Sustainable public ing the contract in one of the following areas: procurement decree. Page 33 Time Flexibility, Labour Relations, Flexibility in the Workspace, Indirect Services and Pro- 2018 Plan Objective: As a performance visions, Professional Support, or Complemen- condition: application of this measure is tary Services to clients and users. mandatory if the recipients of the con- tract are citizens or staff members of the Before the end of the contract, the contractor City Council itself. will submit a follow-up report indicating the measures activated during the performance As an adjudication criterion employed of the contract and the number of workers in value judgement: the promotion units for whom these were activated, categorised may introduce improvements in universal by gender. accessibility beyond the requirements es- tablished in Law 13/2014, of 30 October, This performance condition may only be ex- on accessibility, which will be used in the cluded in the event that people are not in- weighting of the offers. volved in the performance of the contract, or where the short-term performance period 11 Compliance with social thereof (less than three months) does not rec- and employment regulations ommend its application. in the production process 9 Workers with disabilities and commercial distribution Motive/description: Sustainable public Motive/description: Sustainable public procurement decree. Page 34 procurement decree. Page 33 2018 Plan Objective: In harmonised 2018 Plan Objective: Cross-departmen- contracts that include the supply of tal measure to be applied to all contracts. electronic goods, it will be necessary to activate the protocols subscribed by the City Council within the framework of the Electronics Watch project. Applied on a cross-sectoral basis, pro- portionately, in the rest of the contracts including supplies. 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 13 SUMMARY TABLE MEASURE TYPE MANDATORY? RECOMMENDATION/OBSERVATION Breakdown of the budget Internal definition YES The LCSP 9/2017, which entered into force on 9 March 2018, includes this precept in its articles (Article 100.2) Subcontracting Internal definition In the tender phase: NO information In the performance phase: YES Price evaluation (less than Adjudication In general terms, the price Motives for scoring above 35% must be stated in the file. 35% of the total) Criteria evaluation should not exceed more than 35% of the total points available Abnormally low tender Adjudication YES (for not tailoring the offer Criteria to salary costs) Salaries of workers Adjudication NO Applied on a preferential basis where there is a need to encourage higher employed in performing Criteria remuneration in sectors where the professional categories with the lowest qual- the contract ifications can be found, and especially in those with the most unstable levels of remuneration. Indefinite employment Adjudication NO This will be applied in the event that the workforce is not expected to be transferred, contracts for workers Criteria and when market studies and knowledge of the economic activity sector indicate employed in performing the existence of insecure employment contract conditions, with little stability. the contract Employing unemployed Performance YES, in contracts in which more Applied on a preferential basis when the substantial involvement of human resources people or those at risk of conditions than 15 workers will be employed is required for the performance of the contract. social exclusion2 in performing the contract Subcontracting social Performance NO After an analysis of the contractual provisions, if it is considered that it may represent economy enterprises3 conditions a social efficiency to establish, as a performance condition, that the contractor must subcontract social economy enterprises. Paying subcontracted Performance YES: unless subcontracting is companies conditions expressly prohibited in the spec- ifications Transfer of the workforce Performance NO The strict considerations required in the Public Social Procurement Guide must be conditions met on a cumulative basis. 2, 3 Both measures incorporate an active protocol and advisory service on behalf of Barcelona Activa, based on the management commission approved on 06/04/2017 by the Government Commission. 14 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN MEASURE TYPE MANDATORY? RECOMMENDATION/OBSERVATION Maintaining working Performance YES, for all contracts in which conditions while the conditions workers are involved in the contract is in force performance of the contract Equality plan Performance YES This performance condition may only be excluded in the event that people are not conditions involved in the performance of the contract, or where the short-term performance period thereof (less than three months) does not recommend its application. Parity in professional Performance YES: for contracts involving over Applied on a preferential basis when it is considered essential for the contractor to profiles and categories conditions 100 workers guarantee effective parity against horizontal segregation and especially in those sectors where vertical segregation is most evident and a need exists to counteract this trend Inclusive communications Performance YES This may only be excluded from contracts which do not include interpersonal conditions relationships or communication elements or where the short-term performance period thereof (less than three months) does not recommend its application. Measures against sexual Performance YES This performance condition may only be excluded in the event that people are not harassment and for conditions involved in the performance of the contract, or where the short-term performance reasons of gender period thereof (less than three months) does not recommend its application. Equal opportunities Performance NO Applied on a preferential basis when there is a substantial need for human resources and non-discrimination conditions for the performance of the contract. against LGBTI people Balancing work, personal Performance YES This performance condition may be excluded in the event that people are not and family time conditions involved in the performance of the contract, or where the short-term performance period thereof (less than three months) does not recommend its application. Workers with disabilities Performance YES Companies with +50 workers must submit the certificate proving their compliance conditions by having a minimum of 2% of workers with disabilities. Universal accessibility Performance YES: As a performance condition If the recipients of the contract are citizens or staff members of the City Council conditions NO: as a criterion for adjudication itself. Compliance with Performance YES When the contract includes the provision of goods, for example in harmonised social and employment conditions contracts that include the provision of electronic goods. regulations in the production process and commercial distribution. 15 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN II. ENVIRONMENTAL MEASURES The criteria defined in the environmentalisa- 2 4 Public works projects tion instructions compiled in the Environmen- Achieve the target for recycled paper Apply the technical instruction for works tal Public Procurement are to be applied. The usage across the entire City Council, in to 100% of BIMSA projects. scope of each instruction is defined (products which more than 90% of the total is re- and services to which they shall be applied), Review the contents of the sustainability cycled paper and ensure that no area or general environmental priorities that must reports of the BIMSA construction pro- district is below 75%. be included in procurement and the environ- ject drafts and planning specifications for mental criteria and aspects (some of which 3 Wood public spaces and infrastructure. are mandatory, whilst others are for the con- Include the minimum energy efficiency sideration of the contract manager). Achieve the target for wood purchases, class, equal or superior to the letter B, in which 90% of the total comes with a The following specific priority objectives have in the drafting of construction project guarantee of origin from sustainable tree been established for 2018: specifications. Based on the approval of farms, and 100% in the case of tropical the new Technical Instruction to improve 1 Electricity wood. energy efficiency in municipal activities, the new environmental criteria defined in Maintain the 100% green electricity sup- this instruction must be included in the ply with Guarantee of Origin (GoO), from drafting of construction project specifi- renewable sources or high-efficiency cations. co-generation. 16 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 5 Events 7 Textiles 8 Vehicles Develop an environmental plan and en- Uphold the obligation to certify the Double the percentage of low-emissions sure that the most relevant environmen- guarantee that textiles originate from a vehicles (electric, hybrid or gas-powered tal measures are applied (sustainable mo- production process that respects basic cars and vans) acquired for the municipal bility, noise limitations, reusable cups, working rights, in the contracts for the fleet. waste management, etc.) for at least 3 provision of work clothes for City Council Consider the preferences for the vehicles major festivals or events (Mercè, Grec, staff (Parks and Gardens, GUB (Police), that must be acquired, as established in annual district festivals), and at least one Fire service, BSM (Municipal Services)), the technical instruction on the sustaina- of the major events managed by BSM at included in the International Labour Or- bility of vehicles in the preliminary phase the Fòrum. ganisation’s declaration on the funda- of all tenders. mental principles and rights at work. The Guarantee that the necessary measures certification method is described in the Develop a Vehicle Purchase Plan that are applied to reduce noise pollution at technical instruction on the sustainability excludes the acquisition of diesel-pow- all events organised by the City Council. of textile products. ered cars as one of its main objectives, 6 Dining room services achieving a minimum reduction of 50% In clothing acquisition contracts, retain in the number of cars acquired in 2018, the mandatory limitations on the pres- In 100% of dining room service contracts as well as a reduction in the number of ence of chemical substances in the main for municipal nursery schools, maintain diesel-powered vans. The instruction on fabrics used in the production of work that fresh, seasonal produce originating vehicles shall be adapted and updated clothes. from ecological agriculture are incor- to this effect. porated, in accordance with the criteria Incorporate the two preceding criteria in defined in the technical instruction for major service contracts that are external food services. to the Barcelona City Council (e.g. clean- ing and waste collection, street lighting, Extend the incorporation of environmen- etc.). tal criteria to the procurement of ad-hoc catering services, promoting ecological and fair trade products, as well as the elimination of single-use plastic cups, ta- bleware and containers. Start to incorpo- rate these criteria into vending services on a uniform basis in municipal buildings. 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 17 9 Building Cleaning 11 Computer equipment 12 Exhibitions and Waste collection Apply the energy efficiency criteria Start applying the environmental criteria In accordance with the provisions of the defined in the instruction on comput- defined in the technical instruction for instruction, and those already incorporat- er equipment during the acquisition of the application of sustainability criteria ed into the existing contract, retain the work stations, laptop equipment and in exhibitions at the ICUB (Barcelona In- mandatory requirement for the 4 general multi-functional devices. stitute of Culture). cleaning products to contain the minimum Consider the basic environmental criteria amount of pollutants possible (certified 13 Environmental measures during the acquisition of multi-functional by eco-label). In the event that products in other procurements devices to minimise the consumption of are substituted by contractors, an evalua- resources in order to attain that all com- The criteria defined in the Environmen- tion will be carried out to ensure that they puter equipment at the City Council is tal Public Procurement Guide are to be comply with the environmental charac- configured to print on both sides and in applied. In the definition phase of each teristics established in the specifications. black and white, by default. contract, it will be necessary to evaluate Equally, it is necessary to comply with the which environmental criteria may be pri- Implement the aforementioned criteria in obligation to deploy and maintain selec- oritised for their incorporation, following all major contracts and in a minimum of tive waste collection (according to the the instructions established in the Guide. 80% of Barcelona City Council. quantities defined in the specifications) in municipal buildings, as established in the specifications. 10 Communication elements Retain the environmental quality and circular economy criteria for advertis- ing and communication materials in the Communications Directorate’s (Resource Management) general contract, as per the instruction. The use of recycled materials in stand- ard paper-based communications (bro- chures, leaflets, posters, etc.) shall be applied on a cross-sectoral basis, in other communication contracts of the areas and districts. 18 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN III. MEASURES RELATED TO INNOVATION 1 2 Advance planning and dialogue 3 Open technical requirements with innovation in mind with the market indicating performance and functions In the internal definition of the contract, In contracts that provide direct or indi- before tendering, study technological rect provisions to the public, or in con- Open technical requirements must be improvements, organisational systems tracts that have a significant econom- developed when the incorporation of in- and procedures, social and environmen- ic value, consultations with the market novative solutions is considered neces- tal objectives which improve the quality will be increased, enabling us to find out sary. These shall identify the performance of contractual provisions and, ultimately, about what is currently on offer and, at conditions and functions, without exten- the service to citizens. the same time, implicate future bidding sively describing the specific technical companies in advance. requirements of the provision. If it is considered that some of these ob- jectives are not fully or only partially sat- The aim is to find out about and carry out This approach allows the City Council to isfied by the market, it will be necessary market research on the solutions availa- take on the role of collaborating partner, to enable the incorporation of innova- ble to meet the needs that form the sub- introducing ideas and innovative solu- tion to encourage bidding companies to ject of the contract. This will enable the tions that generate contract efficiency generate answers and solutions to the promotion and incorporation of the latest and performance. Administration’s objectives. innovations available on the market and better collaboration between the parties. 19 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 4 Introducing technology 5 Funding The evolution of ICTs and the widespread The City Council is relying on various use of the Internet are transforming prac- funds to finance its projects involving tically all sectors of society and our econ- innovative purchases. One of the most omy. Information and data has become substantial is its own budget for routine one of the most valuable and prized as- purchases which, with the incorporation sets, and together they shape what we of innovation measures, is becoming one call the knowledge economy or digital of the main driving forces. economy. It must also be considered that the pos- Cities like Barcelona, with initiatives like sibility of funding from the EU, the World the 2017-2020 Barcelona Digital City Bank and others for SMEs exists for cer- Plan, confront the need to transform their tain municipal contracts. Various interna- ways of doing and seek new technology tional organisations are offering advisory and innovation-based technologies that services, financial support, event organ- allow us to take advantage of the mo- isation and awards to help contracting mentum and development of this new authorities make innovative purchases in economy and which, at the same time, an open and non-discriminatory manner, deliver huge benefits to society and a whilst facilitating access for small and more equitable and sustainable econom- medium-sized businesses. ic growth. The measures that must be observed and which will promote the new model of sus- tainable procurement for innovation must include principles such as ethical data management and technological sover- eignty based on open-source software, open data and agile methodologies. 20 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN ANNEX. TOOLS AND RESOURCES FOR IMPLEMENTING THE PLAN I. MONITORING PROTOCOL SEI application monitoring the indicators ble the monitoring of contracts that include The contractors will access the SEI applica- for social, environmental and innovative social measures. Over the coming months, tion via the Barcelona City Council’s company measures solutions that also enable environmental and portal. Companies will only be able to view innovative measures to be monitored will also the questions to which they are required to A computer application will be made available be developed. respond and are obligated to provide the in- to the organisation in order to monitor the formation and documentation required on sustainable public procurement indicators: The application will be made accessible to the form at the time the contract is awarded Social, Environmental and Innovation The SEI the contract promotion units via the corpo- and throughout performance of the contract application. rate intranet. It will automatically download for each of the measures contained therein. any files that have selected specific social All of the City Council’s procurement units measures during the transaction carried out In some cases, this information and documen- and their subsidiaries must enter the infor- in SAP-contracts. tation will require validation or verification mation required by the SEI application about from the promotion units. The promotion each contract which includes social, envi- Units that do not process their procurement units responsible for the management of each ronmental and innovative measures in the files via SAP-contracts will be required to reg- contract will ensure that the data that corre- dynamic forms provided by this application. ister monitoring information directly in the SEI sponds to the measures of each contract is Additionally, the intention is for the contrac- application. In these cases, units will need to input correctly. tor to provide the majority of the information manually register the contracts that they are needed to fulfil the indicators defined for each processing in a simple form which requires ba- measure, which they will also be able to do sic details, where the social measures select- via the SEI application. ed will be recorded (with environmental and innovative measures being introduced in the The SEI application, in its initial phase, will ena- second phase). Once these steps have been completed, they will be able to access the dy- namic forms to respond to questions on the indicators defined by each measure selected. 21 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN II. SUPPORT INSTRUMENTS Management assignment at Barcelona Activa Barcelona Activa offers advisory services on Barcelona Activa is in the process of creating Other active advisory services the correct application of the clauses related an online repository of social economy enter- Despite not having protocols published, some to subcontracting social economy enterprises prises categorised by their activity sectors, measures are associated with units with whom and the inclusion of unemployed people with compiling the full offering of social economy it is possible to make contact to receive advice particular difficulties in finding work or those enterprises in existence, in a way that facili- and guidance when it comes to implementing experiencing social exclusion, both for tender tates the correct fulfilment of the clause for other measures. units and the companies bidding for tenders. companies awarded tenders. Universal accessibility: Municipal Institute for The two protocols developed by Barcelona Other advisory protocols Persons with Disabilities (IMPD) Activa have been published in the procure- ment section of the corporate intranet in order The following protocols can also be found in Making contracts more environmental- to address the guidance and management the procurement section of the corporate in- ly-friendly: + Sustainable City Council Pro- needs of the two aforementioned social meas- tranet: gramme ures: Protocol for the inclusion of gender equality Innovative public procurement: Barcelona Protocol for the measure on Subcontracting measures. Department of Gender Transver- Digital City Social Economy Enterprises sality Information and good practice Protocol for the measure on hiring unem- Protocol for the inclusion of the Inclusive resources ployed people with social integration diffi- Communications measure. Communications culties or who are at risk of social exclusion Department The corporate intranet dedicated to Public Procurement includes a section which focus- Barcelona Activa will offer advisory services Protocol for the inclusion of the measure on es on sustainable public procurement where to all areas of the City Council and municipal Equal opportunities and non-discrimination all of the resources referenced above can be groups that need support in evaluating the against LGBTI people. Department of Femi- found, as well as collections, examples and suitability of including these two clauses in nism and LGTBI Affairs. data on the application of sustainable public procurement specifications. procurement measures. 22 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN III. TRAINING The Administrative Procurement Coordination From May 2017 to date, it has been possible Directorate, with the impetus of the Manag- to impart these sessions to approximately 550 er’s Office for Presidency and Economy, has people, and it is expected to reach more than implemented a Training Plan on sustainable 600 by the end of the first quarter of 2018. public procurement, thanks to which they It is expected that these training activities will have been able to disseminate the contents continue in 2018, in order to attend to new of the Public Procurement Decree and Guides, requests received by the Directorate. via information sessions designed for this pur- pose to almost the whole of the organisation, Training for SMEs bringing together the shared specificities, problems and virtues that each of the pro- A training environment is being worked on posed measures may have in each sector. which will be open to small-, medium-sized and micro companies that have in interest in Different experts from various units of the becoming tenderers, so that they can get to City Council involved in the management of know the characteristics of public procure- sustainable public procurement measures ment that the Barcelona City Council convene have been actively involved in the develop- on a regular basis, and thus provide useful ment of these sessions: from the CIRD and information so that this particular business the Department of Gender Transversality, community can bid for a contract with full Barcelona Activa, the More Sustainable City knowledge and equal conditions of the tender Council Programme, the Commissioner’s Of- processes. fice for Innovation and the Municipal Institute for Persons with Disabilities, as well as the Directorate itself. 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 23 IV. CREATION OF IMPROVEMENT FORUMS A project is being worked on to create a virtu- al community in the field of sustainable public procurement where open exchanges or ideas, proposals and best practices can take place. Barcelona, 23 February 2018 2018 SUSTAINABLE PUBLIC PROCUREMENT PLAN 24 barcelona.cat/contractaciopublica