19.10.2019

Sustainable development through public procurement

A corporate responsibility survey carried out by FIBS in 2019 showed the 52% of large companies take the UN’s Sustainable Development Goals into account in their operations. Corporate responsibility has become a vital part of business continuity, and an increasing number of companies are succeeding through businesses that seek to solve sustainability problems.

One of the UN’s defined Universal Sustainable Development Goals is to promote public procurement practices that are sustainable in accordance with national policies and priorities (Goal 12.7). Sustainable public procurement is both a significant principle and a major economic phenomenon that has a role to play in saving the world. Indeed, the UN’s Sustainable Development Goals have also been described as ‘The closest thing the world has to a strategy’.

A Tool to Help Everyone Win

Procurement law can be a powerful tool in the right hands. For example, contracting entities can include corporate responsibility factors in the suitability requirements for bidders and take the emissions from the manufacturing and use of products being procurement into account when comparing bids. Employment requirements can be set for bidders, such as a requirement to arrange work trials or practical training for job seekers who have a diminished work capacity or are otherwise difficult to employ. The entire subcontracting chain can be covered by Code of Conduct requirements imposed on suppliers and they can be required to comply with human rights conventions.

Impact investing projects can also be implemented through public procurement. In this approach, the public sector only pays for results while private money supplies the financing. The impacts achieved benefit the end users and their families, the service providers, the public sector and investors. Everyone wins, be the goal the prevention of marginalisation of children and youths or the promotion of employment among immigrants. Investors receive both a reasonable profit and make an impact.

Dialogue between Public and Private Sectors is Key

So how do we go about brining contracting entities and responsibly companies together? The first step is to create a dialogue concerning what the markets can offer and what operating models and innovations the markets can be expected to develop. The next step is to make sure that procurement departments have the resources to run procurement processes in a way that makes achieving sustainability goals possible. Above all, we need strategic policies for the development of sustainable procurement and the courage to take a new approach to procurement.

Latest references

We assisted Finnish Mutual Patient Insurance Company (FMPIC) in its procurement of discretionary asset management services. The procurement was conducted as an open procedure in accordance with the Public Procurement Act (1397/2016). In the procurement, FMPIC selected two asset managers to whom its assets are to be allocated. The terms of the tendered agreements are indefinite, and they are intended to be in force as of the beginning of 2023. Based on the tender procedure, OP Varainhoito Oy and Nordea Bank Oyj were selected as the suppliers of the services.
Case published 27.9.2022
We assisted Finnish Mutual Patient Insurance Company (FMPIC) in its procurement of a SaaS-based insurance platform. The procurement was conducted as a negotiation procedure with Swedish iFACTS Ab selected as the supplier of the platform. The new platform is expected to be launched already in autumn 2022. With the procurement of the insurance platform, FMPIC aims for better and more reliable management and processing of customer relations and insurance policies. The goal is to reduce the risks associated with managing customer relations and policies, to improve the data security and data protection of customer and insurance information and to meet regulatory requirements. FMPIC was assisted in the procurement and contract negotiations by our public procurement experts Johanna Lähde and Atte Andersin, Pia Ek and Miika Junttila from the data and technology team and by our insurance expert, Sami Lommi. 
Case published 31.5.2022
The Finnish Transport Agency (FTA) and Tieyhtiö Vaalimaa Oy signed a nearly 20-year service agreement to build and maintain the Hamina–Vaalimaa motorway on a public-private partnership basis on 9 June 2015. The agreement includes the planning, construction, funding and maintenance of the motorway. The road is planned to open to traffic in spring 2018, and the road construction works will commence immediately. The main contractor is YIT Construction Ltd. The shareholders in Tieyhtiö Vaalimaa Oy are Meridiam Infrastructure Finance II S.à r.l. and YIT Construction Ltd. The total value of the agreement is 378 million euros. The bank financing for the project is provided by the European Investment Bank (EIB), Nordic Investment Bank (NIB) and Pohjola Bank. We represented Meridiam, YIT and Tieyhtiö Vaalimaa Oy in the project. Castrén & Snellman is the only law firm that has advised in every PPP road project in Finland. The E18 Hamina–Vaalimaa project comprises 32 kilometres of new motorway and the related road arrangements. The road section yet to be built is the final section of the E18 motorway, which will cross the country from Turku to the eastern border. The project also includes the building of waiting area arrangements for heavy vehicles close to the Vaalimaa border station. The project was awarded the best road deal in the EMEA region in the Project Finance Awards 2015 by EMEA Finance magazine.
Case published 11.6.2015
We advised WithSecure Oyj in the sale of its open source data collection product and business to Patria Oyj. The divested business combining software and services falls outside WithSecure’s current strategy. Through the sale, WithSecure sharpens its focus on the Elements portfolio. WithSecure is a global cyber security company (listed on NASDAQ OMX Helsinki) with more than 35 years of industry experience. WithSecure offers partners flexible commercial models, ensuring mutual success across the dynamic cyber security landscape. Patria is an international company in the defence and security industry offering defence, security and aviation life cycle support services and technology solutions. As a result of the transaction, Patria will open a new office in Oulu and 10 WithSecure experts currently working in the business area will join Patria. 
Case published 30.9.2024