Klauzule społeczne w zamówieniach publicznych w Polsce jako instrument walki z wykluczeniem społecznym
Social Clauses in Public Procerement in Poland as a Tool to Combat Social

Summary/Abstract: According to the existing Polish Public Procurement Law, the criteria for evaluation of tenders submitted by contractors applying for the award are: price or price and other criteria relating to the subject of the contract. These include quality, functionality, technical parameters, the use of the best available technologies in terms of environmental impact, operating costs, service and the date of the contract’s execution. The assessment criteria must not include the properties of the contractor, such as their experience. They may, however, constitute a condition of participation in the proceedings. As a result of the implementation of EU law, which defines so -called socially responsible public procurement, the conditions for participation in the proceedings relating to the properties or characteristics of the contractor (the socalled social clauses) have been introduced to Polish Public Procurement Law. The purpose of the article is to identify EU and Polish legal regulations concerning the use of the clauses in public procurement, to find the reasons for the relative lack of interest of contractors in the use of social clauses in Poland, and to demonstrate how the use of the clauses can contribute to the fight against social exclusion.

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