Prawo Zamówień Publicznych

no. 3/2021

Protection of disabled people in public procurement

Marcin Pleśniak
doktorant w Zakładzie Publicznego Prawa Gospodarczego Instytutu Nauk Administracyjnych na Wydziale Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego; Nr ORCID: 0000-0002-3024-2735.
Abstract

The article deals with the protection of the interests of disabled people in the public procurement law. Under the new Public Procurement Law, disabled people appear in two aspects:

1. In terms of ensuring the accessibility of services and buildings ordered by contracting authorities, who should take into account the widest possible accessibility for all disabled people, regardless of the reasons for their disability;

2. In terms of involving disabled people and their employing entities in actioning public procurement. Many smaller products or services can be performed even more effectively by people with disabilities, due to their life experiences and the desire to improve their professional and social skills.

The author presents the perceived shortcomings of the regulations of the Public Procurement Law, proposing an understanding of the concept of accessibility in accordance with new acts on ensuring accessibility to people with special needs and on the digital accessibility of mobile applications of public entities. The author also draws attention to the development opportunities and the role of social cooperatives as entities particularly focused on helping people with disabilities, by providing them with jobs and reintegration activities that have the potential to implement public procurement in their local environment.