Social clauses obligation in Brussels public procurement - CC by 2.0 - Patricia M

Social clauses obligation in Brussels public procurement

The Brussels Government has published a circular the 19th July 2018 imposing the obligation to include social clauses in the regional public markets entered into force on 1st January 2019.

The Brussels Government circular on the obligation to include social clauses in regional public procurement requires the contracting authorities under the tutelage of signatory ministers to include social clauses:
- in works public procurement over 750 000 €
- in service public procurement higher than the European publication thresholds and whose execution period exceeds 60 calendar days.

The obligation applies, since the 1st January 2019, to the regional entities of the Brussels-Capital Region.

However, the circular allows strict exceptions to this obligation:
- to the extent strictly necessary, where justified, in case of urgency;
- to the extent strictly necessary, where justified, in the event of inapplicability of the social clauses, in particular in certain framework agreements;
- in works, supplies or services public procurements which can only be provided by a specific economic operator for one of the reasons permitted by Article 42 (1) (1) (d), (3) and (4) (c) of the Public Procurement Belgian law ;
- in contracts awarded by electronic catalog.

Photo: CC by 2.0 - Patricia M

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