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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON FACILITATION OF PURCHASE OF SOCIAL ECONOMIC ENTERPRISE-MANUFACTURED PRODUCTS AND SUPPORT FOR DEVELOPMENT OF THEIR MARKETS

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON FACILITATION OF PURCHASE OF SOCIAL ECONOMIC ENTERPRISE-MANUFACTURED PRODUCTS AND SUPPORT FOR DEVELOPMENT OF THEIR MARKETS

Article 1 (Purposes) The purpose of this Ordinance is to facilitate the Seoul Metropolitan Government's purchase of goods, services and construction produced by social economic enterprises and to provide support for developing their markets, and prescribe matters necessary for entrustment to the private sector.

Article 2 (Definitions) The definitions of terms used in this Ordinance shall be as follows: <Amended by Ordinance 5709, May 14, 2014>
1. The term "social economic enterprise" means any of the following organizations which observe the basic principles specified in Article 4;
(a) A social enterprise as defined in subparagraph 1 of Article 2 of the Social Enterprise Promotion Act, and a prospective social enterprise as defined in subparagraph 2 of Article 2 of the Seoul Metropolitan Government Ordinance on the Promotion of Social Enterprises;
(b) A cooperative or a federation of cooperatives (including a social cooperative or a federation of social cooperatives) established under Article 2 of the Framework Act on Cooperatives or individual Acts;
(c) A community company as defined in Article 2 (1) 9 of the Special Act on Invigoration and Support of Urban Renewal, and a community company prescribed by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor");
(d) A self-support company as defined in Article 18 of the National Basic Living Security Act, a self-sufficiency project acknowledged by the Minister of Health and Welfare, and a self-support company certified by the Mayor;
(e) A production facility for products manufactured by persons with severe disabilities as defined in Article 9 of the Special Act on the Preferential Purchase of Products Manufactured by Persons with Severe Disabilities;
(f) Any other enterprise, nonprofit corporation, non-profit, non-governmental organization, etc. which engages in economic activities with the primary objective of realizing social values according to standards prescribed by the Mayor, such as sharing economy and fair trade.
2. The term "social economic enterprise-manufactured product" means any goods or services produced by an enterprise as defined in subparagraph 1;
3. The term "enterprise in the City" means a social economic enterprise whose principal business establishment is located within Seoul Metropolitan City (hereinafter referred to as "City").

Article 2 (Definitions) The definitions of terms used in this Ordinance shall be as follows: <Amended by Ordinance 5709, May 14, 2014>
1. The term "social economic enterprise" means any of the following organizations which observe the basic principles specified in Article 4;
(a) A social enterprise as defined in subparagraph 1 of Article 2 of the Social Enterprise Promotion Act, and a prospective social enterprise as defined in subparagraph 2 of Article 2 of the Seoul Metropolitan Government Ordinance on the Promotion of Social Enterprises;
(b) A cooperative or a federation of cooperatives (including a social cooperative or a federation of social cooperatives) established under Article 2 of the Framework Act on Cooperatives or individual Acts;
(c) A community company as defined in Article 2 (1) 9 of the Special Act on Invigoration and Support of Urban Renewal, and a community company prescribed by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor");
(d) A self-support company as defined in Article 18 of the National Basic Living Security Act, a self-sufficiency project acknowledged by the Minister of Health and Welfare, and a self-support company certified by the Mayor;
(e) A production facility for products manufactured by persons with severe disabilities as defined in Article 9 of the Special Act on the Preferential Purchase of Products Manufactured by Persons with Severe Disabilities;
(f) Any other enterprise, nonprofit corporation, non-profit, non-governmental organization, etc. which engages in economic activities with the primary objective of realizing social values according to standards prescribed by the Mayor, such as sharing economy and fair trade.
2. The term "social economic enterprise-manufactured product" means any goods or services produced by an enterprise as defined in subparagraph 1;
3. The term "enterprise in the City" means a social economic enterprise whose principal business establishment is located within Seoul Metropolitan City (hereinafter referred to as "City").

Article 3 (Relation to other Statutes) Except as otherwise provided for in other statutes, this Ordinance shall apply to the preferential purchase of social economic enterprise-manufactured products.

Article 3 (Relation to other Statutes) Except as otherwise provided for in other statutes, this Ordinance shall apply to the preferential purchase of social economic enterprise-manufactured products.

Article 4 (Public Entities Subject to this Ordinance) The public entities subject to this Ordinance (hereinafter referred to as "public entities") shall be as follows:
1. The Seoul Metropolitan Government, organizations under its direct control, and its affiliated offices as defined in the Seoul Metropolitan Government Ordinance on the Establishment of Administrative Organizations;
2. The Secretariat of the Seoul Metropolitan Council;
3. City-invested, City-funded or City-contributed entities.

Article 4 (Public Entities Subject to this Ordinance) The public entities subject to this Ordinance (hereinafter referred to as "public entities") shall be as follows:
1. The Seoul Metropolitan Government, organizations under its direct control, and its affiliated offices as defined in the Seoul Metropolitan Government Ordinance on the Establishment of Administrative Organizations;
2. The Secretariat of the Seoul Metropolitan Council;
3. City-invested, City-funded or City-contributed entities.

Article 5 (Establishment of Policies to Facilitate Purchase of Social Economic Enterprise-Manufactured Products) (1) To make further purchases of social economic enterprise-manufactured products, the Mayor shall establish and implement policies to facilitate the purchase of social economic enterprise-manufactured products.
(2) The policies to facilitate the purchase of social economic enterprise-manufactured products shall include the following:
1. A medium-and long-term plan to encourage the purchase of social economic enterprise-manufactured products;
2. An education, promotion and manpower development plan to encourage the purchase of social economic enterprise-manufactured products;
3. Other promotion plans to encourage citizens' purchase of social economic enterprise-manufactured products.

Article 5 (Establishment of Policies to Facilitate Purchase of Social Economic Enterprise-Manufactured Products) (1) To make further purchases of social economic enterprise-manufactured products, the Mayor shall establish and implement policies to facilitate the purchase of social economic enterprise-manufactured products.
(2) The policies to facilitate the purchase of social economic enterprise-manufactured products shall include the following:
1. A medium-and long-term plan to encourage the purchase of social economic enterprise-manufactured products;
2. An education, promotion and manpower development plan to encourage the purchase of social economic enterprise-manufactured products;
3. Other promotion plans to encourage citizens' purchase of social economic enterprise-manufactured products.

Article 6 (Establishment and Publication of Purchase Plan) (1) The Mayor shall establish a purchase plan for social economic enterprise-manufactured products (hereinafter referred to as "purchase plan") within 90 days after the date the original budget for the next year is confirmed, and publish such plan on the official website, gazette, etc. of the Seoul Metropolitan Government.
(2) A purchase plan under paragraph (1) shall include the following:
1. A list of social economic enterprise-manufactured products available for purchase, target purchase rates, etc.;
2. A process flowchart to encourage the purchase of social economic enterprise-manufactured products;
3. Special terms and conditions for an agreement, and matters deemed necessary to encourage the purchase of social economic enterprise-manufactured products, such as performance evaluation of public entities concerned and system improvements;
4. Matters related to the budget necessary for implementing the purchase plan.
(3) When necessary for establishing a purchase plan, the Mayor may request the public entities concerned, etc. to submit relevant materials.

Article 6 (Establishment and Publication of Purchase Plan) (1) The Mayor shall establish a purchase plan for social economic enterprise-manufactured products (hereinafter referred to as "purchase plan") within 90 days after the date the original budget for the next year is confirmed, and publish such plan on the official website, gazette, etc. of the Seoul Metropolitan Government.
(2) A purchase plan under paragraph (1) shall include the following:
1. A list of social economic enterprise-manufactured products available for purchase, target purchase rates, etc.;
2. A process flowchart to encourage the purchase of social economic enterprise-manufactured products;
3. Special terms and conditions for an agreement, and matters deemed necessary to encourage the purchase of social economic enterprise-manufactured products, such as performance evaluation of public entities concerned and system improvements;
4. Matters related to the budget necessary for implementing the purchase plan.
(3) When necessary for establishing a purchase plan, the Mayor may request the public entities concerned, etc. to submit relevant materials.

Article 7 (Purchase Performance for Social Economic Enterprise-Manufactured Products) (1) The Mayor shall each year prepare a purchase performance report for social economic enterprise-manufactured products for the previous year, which includes the following:
1. Purchase price for each item and total purchase price;
2. Actual purchase executed compared to the purchase plan;
3. Details of support provided for enterprises in the City;
4. Details of education and promotion undertaken for purchase encouragement;
5. Details of system and policy improvement for purchase encouragement, good practice cases, etc.
(2) When necessary for compiling purchase data, the Mayor may request the public entities concerned, etc. to submit relevant materials.

Article 7 (Purchase Performance for Social Economic Enterprise-Manufactured Products) (1) The Mayor shall each year prepare a purchase performance report for social economic enterprise-manufactured products for the previous year, which includes the following:
1. Purchase price for each item and total purchase price;
2. Actual purchase executed compared to the purchase plan;
3. Details of support provided for enterprises in the City;
4. Details of education and promotion undertaken for purchase encouragement;
5. Details of system and policy improvement for purchase encouragement, good practice cases, etc.
(2) When necessary for compiling purchase data, the Mayor may request the public entities concerned, etc. to submit relevant materials.

Article 8 (Preferential Purchase of Social Economic Enterprise-Manufactured Products by Pubic Entities, etc.) (1) When purchasing any goods, services, etc., the head of a public entity shall facilitate the purchase of social economic enterprise-manufactured products within the limit of 5/100 of the total purchase price paid by the public entity concerned. <Amended by Ordinance No. 5966, Jul. 30, 2015>
(2) The head of a public entity may make a preferential purchase, etc. of social economic enterprise-manufactured products in the following cases:
1. To make a contract for manufacturing or purchasing articles, etc.;
2. To make a contract for construction, services, etc.
(3) A contract under paragraph (2) shall be governed by the Act on Contracts to Which a Local Government Is a Party.

Article 8 (Preferential Purchase of Social Economic Enterprise-Manufactured Products by Pubic Entities, etc.) (1) When purchasing any goods, services, etc., the head of a public entity shall facilitate the purchase of social economic enterprise-manufactured products within the limit of 5/100 of the total purchase price paid by the public entity concerned. <Amended by Ordinance No. 5966, Jul. 30, 2015>
(2) The head of a public entity may make a preferential purchase, etc. of social economic enterprise-manufactured products in the following cases:
1. To make a contract for manufacturing or purchasing articles, etc.;
2. To make a contract for construction, services, etc.
(3) A contract under paragraph (2) shall be governed by the Act on Contracts to Which a Local Government Is a Party.

Article 9 (Criteria for Selecting Vendors of Social Economic Enterprise-Manufactured Products) (1) When purchasing social economic enterprise-manufactured products, the head of a public entity shall establish vendor selection criteria by reflecting evaluation criteria such as job creation and revitalization of local economy, for choosing vendors that deliver social values.
(2) Divisions placing orders and awarding contracts shall comply with the criteria for selecting vendors that deliver social values.

Article 9 (Criteria for Selecting Vendors of Social Economic Enterprise-Manufactured Products) (1) When purchasing social economic enterprise-manufactured products, the head of a public entity shall establish vendor selection criteria by reflecting evaluation criteria such as job creation and revitalization of local economy, for choosing vendors that deliver social values.
(2) Divisions placing orders and awarding contracts shall comply with the criteria for selecting vendors that deliver social values.

Article 10 (Exceptions for Preferential Purchase of Social Economic Enterprise-Manufactured Products) (1) Notwithstanding Article 8, the head of a public entity may choose not to preferentially purchase social economic enterprise-manufactured products in any of the following cases:
1. If users of the social economic enterprise-manufactured products are persistent in raising complaints about their quality, and such complaints are deemed to be based on reasonable grounds;
2. If the time required for the supply of the social economic enterprise-manufactured products is so long due to stock shortages, etc. that achieving the purchase goals can be difficult;
3. If there is an urgent need for the supply, such as procuring emergency relief items;
4. If the price of the social economic enterprise-manufactured products is beyond the budget allocated for the relevant fiscal year;
5. If the social economic enterprise-manufactured products cannot be purchased by means of a private contract under applicable statutes;
6. If the head of a public entity reasonably determines that preferential purchase is otherwise not found appropriate.
(2) If the head of a public entity cannot purchase social economic enterprise-manufactured products due to an event described in the subparagraphs of paragraph (1), he/she shall specify such reason.

Article 10 (Exceptions for Preferential Purchase of Social Economic Enterprise-Manufactured Products) (1) Notwithstanding Article 8, the head of a public entity may choose not to preferentially purchase social economic enterprise-manufactured products in any of the following cases:
1. If users of the social economic enterprise-manufactured products are persistent in raising complaints about their quality, and such complaints are deemed to be based on reasonable grounds;
2. If the time required for the supply of the social economic enterprise-manufactured products is so long due to stock shortages, etc. that achieving the purchase goals can be difficult;
3. If there is an urgent need for the supply, such as procuring emergency relief items;
4. If the price of the social economic enterprise-manufactured products is beyond the budget allocated for the relevant fiscal year;
5. If the social economic enterprise-manufactured products cannot be purchased by means of a private contract under applicable statutes;
6. If the head of a public entity reasonably determines that preferential purchase is otherwise not found appropriate.
(2) If the head of a public entity cannot purchase social economic enterprise-manufactured products due to an event described in the subparagraphs of paragraph (1), he/she shall specify such reason.

Article 11 (Education and Training) To facilitate the purchase of social economic enterprise-manufactured products, the Mayor may formulate and implement an education and training plan for purchasing officials, etc. of public entities.

Article 11 (Education and Training) To facilitate the purchase of social economic enterprise-manufactured products, the Mayor may formulate and implement an education and training plan for purchasing officials, etc. of public entities.

Article 12 (Providing Information on Social Economic Enterprise-Manufactured Products) (1) The Mayor may collect information on the products made by social economic enterprises and provide such information to public entities, etc.
(2) The Mayor, if necessary, may submit a request to professional institutions, etc. for collecting information on the products made by social economic enterprises and provide support for the relevant costs within the budget.

Article 12 (Providing Information on Social Economic Enterprise-Manufactured Products) (1) The Mayor may collect information on the products made by social economic enterprises and provide such information to public entities, etc.
(2) The Mayor, if necessary, may submit a request to professional institutions, etc. for collecting information on the products made by social economic enterprises and provide support for the relevant costs within the budget.

Article 13 (Support for Development of Markets for Social Economic Enterprises) (1) The Mayor may request that schools, religious facilities, sports facilities, etc. located in the City preferentially purchase social economic enterprise-manufactured products.
(2) If necessary to facilitate the production and purchase of social economic enterprise-manufactured products, the Mayor may enter into an agreement, etc. with enterprises in the City, etc. for facilitating the purchase of social economic enterprise-manufactured products.
(3) The Mayor may provide administrative support to education and promotion projects undertaken by enterprises in the City, etc. for facilitating the purchase of social economic enterprise-manufactured products, which includes providing partial reimbursements for expenses they incurred in their undertaking of the projects.

Article 13 (Support for Development of Markets for Social Economic Enterprises) (1) The Mayor may request that schools, religious facilities, sports facilities, etc. located in the City preferentially purchase social economic enterprise-manufactured products.
(2) If necessary to facilitate the production and purchase of social economic enterprise-manufactured products, the Mayor may enter into an agreement, etc. with enterprises in the City, etc. for facilitating the purchase of social economic enterprise-manufactured products.
(3) The Mayor may provide administrative support to education and promotion projects undertaken by enterprises in the City, etc. for facilitating the purchase of social economic enterprise-manufactured products, which includes providing partial reimbursements for expenses they incurred in their undertaking of the projects.

Article 14 (Education and Training) To facilitate the purchase of social economic enterprise-manufactured products, the Mayor may formulate and implement an education and training plan for purchasing officials, etc. of public entities.

Article 14 (Education and Training) To facilitate the purchase of social economic enterprise-manufactured products, the Mayor may formulate and implement an education and training plan for purchasing officials, etc. of public entities.