Contracting Authorities must consider social public works and workforce clauses.
The Social Partnership and Public Procurement (Wales) Act 2023 (“SPPP Act”) complements existing well-being duties under the Well-being of Future Generations (Wales) Act 2015. It is intended to improve the economic, social, cultural, and environmental well-being of people in Wales by strengthening the role of social partnership within strategic decision-making and requiring socially responsible procurement.
The SPPP Act places duties on Contracting Authorities, in respect of their major construction and outsourcing services contracts. Under the Act, Contracting Authorities must consider social public works and workforce clauses. They must consider including these clauses within relevant contracts. The clauses have been designed so that they can be applied to all relevant procurements, for example major construction contracts and outsourcing services contracts. The expectation is that all clauses will be included and applied throughout the contract period and throughout supply chains.
Contracting Authorities must notify the Welsh Ministers if they decide not to include or apply some or all of the clauses in a relevant procurement, contract or supply chain (sections 29 and 35 of the SPPP Act).
Please complete:
to notify Welsh Ministers if the Contracting Authority:
- does not intend to include any or all the clauses in the contract
- has not included any or all the clauses
- has no process in place for ensuring the obligations in the clauses are implemented (including, when applicable, if the contract is subcontracted)