Regulation 19(4) of PC(S)R 2015 places a legal obligation on a public body to include relevant clauses in their contracts to ensure those they contract with comply with environmental, social and employment law obligations.
Regulation 57(2) of PC(S)R 2015 allows a public body to reject bids that do not comply with applicable obligations in the fields of environmental, social, and employment law established by national law, collective agreements or by the international environmental, social, and labour laws.
Regulation 69(5) of PC(S)R 2015 places a legal obligation on a public body to reject bids that have been found to be abnormally low because they do not comply with applicable obligations in environmental, social, or employment law.
Where a bid appears to be abnormally low, a public body must require the bidder to explain its pricing. This can include an explanation of how the bid will maintain compliance with relevant environmental, social and employment laws. The bid must be rejected if it is established that it is abnormally low because it does not comply with relevant environmental, social and employment law including collective agreements (regulation 69(5) of the PC(S)R 2015).
The Annex includes model wording that may be used for this purpose.
Following contract award, it is appropriate to discuss your biodiversity ambitions, the supplier’s response, practical implementation, and the inclusion of relevant key performance Indicators (KPIs) in the contract that demonstrate delivery of intended outcomes. These should be monitored as part of contract and supplier management.
