SEVEN: The Legal Framework

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Chapter 7 assesses the potential design of a new procurement policy on sustainable corporate ownership, which would likely be permissive, leaving scope for discretion and experimentation with bidders mapping themselves against the criteria of sustainable ownership (purpose, power, profit). It considers how the policy might be accommodated within the current legal framework for procurement, assuming, given its very recent introduction, that appetite for further legislative changes will be limited, at least in the short term. The chapter considers both reserved contracting procedures and award criteria relating to quality and wider social value. Substantively, the policy would have to be assessed carefully against a number of risks, including its potential impacts on competition and capabilities in service delivery and on existing social economy organizations. These, however, are not intransigent problems in the medium term.

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