CEPYME Zaragoza calls for the inclusion of a social clause in public procurement in favor of SMEs and the self-employed


02/08/2022 – 22:58

The trade association has requested that small and medium-sized enterprises and the self-employed be given access to these tenders and that the specifications require proof of payment to subcontractors.

These are the two main axes of the proposal for a social clause in favor of SMEs and the self-employed, to be included in the public procurement specifications presented by CEPYME Zaragoza, given the problems they have in accessing these procedures.

Access to information, ignorance of tendering procedures, excessive administrative burden or the cost of preparing bids the public procurement market for SMEs and the self-employed inaccessible and in most cases makes them subcontractors of large companies.

Also current the Delinquence Law provides for a payment period of 60 days And yet both large companies and many administrations overcome these times, which means that SMEs and the self-employed have a weak financial structure and solvency and are solely dependent on the savings of the employer.

“When a large company or a public administration transfers the payment deadline, it causes a problem for SMEs and the self-employed,” said María Jesús Lorente, President of CEPYME Zaragoza. “It forces us to look for financing from banks, which also do not offer the same conditions for small companies as for large companies.”

late payment

CEPYME Zaragoza has criticized the harmful practices of some large companies Use default or non-payment to the subcontractor as a financing formulato delay the due payment or to make it directly dependent on the collection of the final contract price by the contractual partner. The corporate organization has also denounced that doing so unfairly makes them part of the risk and assets of an operation to which they were just an outside party.

The business organization has requested that, in any case and for all types of contract modalities, the public administrations and contracting authorities exercise the power provided for in Article 217 of the Public Sector Contracts Code to verify compliance with the payments that the contractors have awarded to the public contracts with all Subcontractors or suppliers involved. In addition, it has requested that this requirement be included as a necessary and prior condition for payment to the contractor.

CEPYME Zaragoza has requested the administration to apply a social responsibility clause to all contracts and specifications of the administration, similar to those currently in the Specifications related to diversity, equality, quality or excellence and that failure to comply would expressly result in a penalty or temporary exclusion from access to public procurement.

“The only way for SMEs and the self-employed to access public procurement is to act as a subcontractor. Therefore, we ask the administration to require compliance with payments by contractors in a timely manner to prevent SMEs from drowning,” concluded Lorente.


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