The social contract in the Law 9/2017, of 8 November, of Public Procurement
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The novel procurement legislation offers a new normative perspective in which the economic criterion is no longer considered as the exclusive one. It must now coexist with the qualitative criteria which are determinants of the “great quality”. According to the praxis in Spain, as well as the obligations that come from the European Union, the new legislation pursues to include social criteria for making public procurement a more efficient tool for the provision of services and goods. Therefore, public procurement takes into account a more inclusive perspective regarding, for instance, groups at risk of exclusion or poverty, innovation or the respect for the environment. Likewise, the new legislation introduces new duties to employers as the objective scope of the law. Inter alia, employers should nominate a person responsible for the contract and to certify through «eco-labels» or other way the compliance of the social clauses subscribed or declared in the contracting process. This article studies the opportunities and challenges for these social clauses and deals with the substantive justification of their meaning and the moment in which it is decided to include them.