Overview
This regulation provides that contracting authorities may reserve the right to participate in public procurement procedures to sheltered workshops and economic operators (i.e. suppliers) whose main aim is the integration of disabled or disadvantaged persons. Contracting authorities may also provide that contracts must be performed in the context of sheltered employment programmes. At least 30% of the employees of those workshops, suppliers or programmes must be disabled.
Objective at this commercial stage
The right to participate in a public procurement procedure can be reserved to sheltered workshops or suppliers whose main aim is the integration of disabled or disadvantaged persons. Alternatively, a contracting authority may provide that a public contract must be performed in the context of sheltered employment programmes.
Key considerations at this commercial stage
Contracting authorities should:
- consider the appropriateness of reserving participation in the procurement procedure to sheltered workshops and suppliers whose main aim is the integration of disabled or disadvantaged persons, by reference to the nature of the public contract.
Legal framework
See also in the Procurement Act 2023:
- Section 32: Reserving contracts to supported employment providers
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
