It encourages purchasing agents in state and public entities in the territories to introduce social or environmental clauses in their contrracts.
The NAPDA sets numerical targets for both social provisions and environmental provisions. They may result in specific requirements in the specifications, by the introduction of specific criteria in the selection of suppliers' offers, and / or in implementing clauses in favor of social / environmental progress and which are required. the successful owner. The census (in number of contracts over 90 K € with disposition) is carried out by the Economic Observatory of the Public Order (OECP), which publishes the results annually.
The new legal framework for public procurement gives buyers several ways to protect againt social and environmental damage. Transposing Article 57 of Directive 2014/24 on public contracts, French law excludes from any contract any economic operator who has been sentenced in particular for fraud, corruption, trafficking and exploitation of human beings.
In addition, French legislation requires the public purchaser to reject an irregular offer when it fails to comply with applicable legislation, particularly in the social and environmental field. Transposing Article 69 of the aforementioned Directive, it also attributes this attribution to the buyer who establishes that the tender is abnormally low because it contravenes the obligations applicable in the fields of environmental, social and labor law. established by French law, European Union law, collective agreement (s) or international provisions in the field of environmental, social and labor law. This obligation also extends to subcontractors.
Finally, beyond the analysis of the offers, Article 18 of the EU Directive 2014/24 requires that "Member States take appropriate measures to ensure that, in the performance of public contracts, economic operators shall comply with the obligations applicable in the fields of environmental, social and labor law established by Union law, national law, collective agreements or by international provisions relating to environmental, social and labor law ' .
