Common use of Ethical Procurement Considerations Clause in Contracts

Ethical Procurement Considerations. 1. The Customer supports the ethical procurement policy developed by Oxfam and strives to: • purchase goods and services that are produced and developed under conditions that do not involve the abuse or exploitation of any persons • have the least negative impact on the environment 2. This policy statement is supported by a Code of Conduct that details core labour standards, based on the conventions of the International Labour Organization: • Employment is freely chosen • Freedom of association and the right to collective bargaining are respected • Working conditions are safe and hygienic • No child labour/protection of children is ensured • Living wages are paid • Working hours are not excessive • No discrimination is practiced • Regular employment is provided • No harsh or inhumane treatment is allowed 3. The Customer will not deal with vendors that are engaged in the manufacture or sale of anti-personnel mines. By signing this contract the Supplier warrants that neither they nor any of their staff, associates or sub- contractors are engaged in the manufacture or sale of anti-personnel mines. 4. The Customer does not do business with companies that meet any of the following criteria: (a) They are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning (b) those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (c) They have been convicted of an offence concerning their professional conduct by a judgement that has the force of res judicata; (d) They have been guilty of grave professional misconduct proven by any means that the contracting authority can justify; (e) They have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed; (f) They have been the subject of a judgement that has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity; (g) Following another procurement procedure or grant award procedure, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations. 5. HUMAN TRAFFICKING (a) The Customer has adopted a policy supporting the prohibition of trafficking in persons including the trafficking-related activities for any purpose, including the use of forced labour. The Supplier and their employees, and agents shall not: i. Engage in severe forms of trafficking in persons during the period of performance of the contract; ii. Procure commercial sex acts during the period of performance of the contract; iii. Use forced labour in the performance of the contract; iv. Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee’s identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority; v. Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work (b) Should the Supplier become aware of, or suspect, human trafficking activities during the execution of the contract the Supplier must immediately inform the Customer to enable appropriate action to be taken. (c) In respect to any contract funded by the UK Government the Supplier is expected to be familiar with the terms of the UK Modern-Slavery Act 2015, and to abide by the conditions of the Act. 6. The Supplier represents and warrants that no official of the Customer has been, or shall be, offered by the Supplier any direct or indirect benefit arising from this Contract or the award thereof. The Supplier agrees that breach of this provision is breach of an essential term of this Contract. 7. Accepting this contract shall constitute a guarantee that neither the Supplier nor any Affiliate or a subsidiary controlled by the Supplier is in breach of any of the above provisions. In addition to the ineligibility criteria applied by the Customer, negotiation with potential vendors may be severed at any stage during a procurement process if it is found that they are subject to a conflict of interest or are guilty of misrepresentation in supplying the information required by the Customer as a condition of participation in the contract procedure, or fail to supply all of the information requested.