The Socially and Environmentally Responsible Procurement Scheme (SPASER) is an obligation for some local authorities. Perceived as a constraint at first sight, it can nevertheless prove to be an opportunity. By becoming a roadmap with clear objectives, it helps to unite the players internally while providing visibility externally. Laurence Guittard Leroy*, a consultant and trainer specialising in public procurement, takes a closer look.
Whether you are an elected official, a public procurement officer or public purchaserThe many existing examples of SPASER are a source of inspiration.
Their wealth of information provides a repository of solutions to help you define and implement a sustainable, high-performance public purchasing policy.
SPASER: who is concerned?
The law of 31 July 2014 on the social and solidarity economy named these schemes to promote public purchasing. socially responsible. At the time, they concerned local authorities with annual purchases of in excess of 100 million euros. In practice, they are known as SPAR.
The "energy transition for green growth" law of 17 August 2015 added an "ecological" dimension to the scheme. We now talk about schemes to promote public purchasing. socially and environmentally responsible. Hence the name SPASER. Above all, the "climate and resilience" law of 22 August 2021 has strengthened them in terms of content and governance.
Since then, the obligation to draw up a SPASER has been extended to local authorities with annual purchases in excess of €50 million. A decree of 2 May 2002, issued in application of the "climate and resilience" law, stipulates this. These local authorities must therefore draw up their SPASER by 1er January 2023.
Please note: structures or local authorities not covered by the obligation can also carry out a SPASER. This is the case for SYTRAL Mobilitésthe authority responsible for organising mobility in the Lyon area, for example!
SPASERs are part of the National Sustainable Procurement Plan (PNAD) 2022-2025.
What should a SPASER contain?
First of all, a SPASER must contain social award objectives. It must also include environmental elements and promote the circular economy.
Of course, it must also comply with the public procurement code and the objectives of the PNAD by 2025. Namely 100 % of contracts with an environmental clause and 30 % with a social consideration.
But that's not all: a SPASER must also include elements of governance and monitoring. In other words, it must specify how it is to be implemented and how its objectives are to be monitored on an annual basis.
Methods for creating a SPASER
Local authorities have a great deal of freedom in defining their plans. In terms of method, collaboration and political will are part of good practice.
Working together
More often than not, local authorities draw up their SPASERs on a cross-functional basis. In other words, in addition to the purchasing department, they involve various departments within the authority, or even all departments.
In some cases, they also involve players from the social economy (SSE). This makes it possible to spend time together beforehand, in particular to validate the realism of certain objectives. L'Strasbourg Eurometropolis followed this method by creating a cross-functional working group. The collaborative work has enriched the new SPASER compared with the first plan and will continue for its follow-up.
Some local authorities are even offering an online public consultation to gather the opinions of local businesses. This is the case of the Brittany region, which has managed to mobilise stakeholders in an innovative and participative way. Professional organisations, trade unions, businesses, buyers, citizens... were able to express their constraints, expectations and proposals online. Le SPASER for the Brittany region provides answers that are as close as possible to the issues raised.
Political will
Each SPASER involves changing purchasing practices. To achieve this, there needs to be a strong political will.
As you will have realised, the method is all about adapting! It's not just about adapt to the local purchasing contextbut also adapt to the political will of the team in place.
How do you communicate about your SPASER?
Communicating about your SPASER, once it has been approved, is a legal requirement. It is also an opportunity to federate the internal players and initiate the sourcing of local players.
To achieve this, some local authorities are setting up a online communication via their website.
Others make face-to-face and video-conference public meetings with local stakeholders. This is the case for the city of Lyon. Organised with the support of the CCI and Lyon Pacte PME, these meetings ensured a wide audience among entrepreneurs. And, above all, they led to meetings between buyers and entrepreneurs!
Pitfalls to avoid and solutions
Drawing inspiration from other SPASERs to create your own is certainly a very good idea. However, it's best to avoid the copy-and-paste trap, which can lead to an unrealistic and impractical SPASER. So how do you go about it?
Pitfall no. 1: being out of touch with reality
To be realistic, a SPASER must be the result of a collaborative work. It also requires a thorough understanding of your purchases and the levers available to you.
Pitfall no. 2: wasting time
Making a SPASER can be time-consuming. The ideal solution is to appoint a project manager. He or she will be responsible for defining an action plan with the stakeholders, monitoring the schedule and, if necessary, reframing the debates.
Pitfall no. 3: Setting targets that are impossible to achieve
To be credible, the objectives you set in your SPASER must be achievable. It is essential that you call on the knowledge of your buyers, and even on sourcing, to check them beforehand. They must also be easy to measure and, above all, not too numerous.
Pitfall no. 4: being non-compliant
Complying with the Public Procurement Code is not always easy. And yet it remains a requirement that requires systematic control.
What makes a successful SPASER?
To sum up, a successful SPASER is one that realistic plan, adapted to the local context and community that supports it. Its objectives are clear, measurable and achievable and, of course, in line with the PNAD.
The SPASER formalises a political commitment over time. It is a roadmap that unites the internal players.
Communicating it externally gives visibility to the local authority's stakeholders. It also facilitates the implementation of more sustainable purchasing.
SPASERs are set to play an exemplary role in public procurement. They are a source of inspiration for decision-makers and public purchasers in defining their own responsible purchasing policies. That's why some organisations and local authorities that are not covered by the obligation still produce one!
