Sustainable Procurement Tools

Annex – Example Procurement Clauses and KPIs

 

Pre-contract notification

Below are examples of wording that can be used for this purpose:

‘The Contract/Framework Agreement supports the Scottish Government's National Performance Framework, and the National Outcomes which articulate the Purpose to focus on creating a more successful country with opportunities for all of Scotland to flourish through increased wellbeing, and sustainable and inclusive economic growth.’ This Framework supports the following National Outcomes, and Contractors are expected to support the Authority’s aim to achieve these.' [Insert relevant National Outcomes - see above].

‘The Contracting Authority has included obligations within the specification and contract conditions relating to equality duties which are relevant to the products/services to be delivered.’

‘Every vacancy on site, including those with sub-contractors, is to be notified to agencies named by the Authority, and candidates identified by these agencies are to have an equal opportunity in the selection process.’

 

Supplier Selection

It is possible to clarify what bidders should consider when responding to the questions in respect of environmental, social or employment law. For example:

‘Economic operators may be excluded from this competition if they are in any of the situations referred to in regulation 58 of the Public Contracts (Scotland) Regulations 2015.’

‘Bidders will be required to adhere to and fulfil all obligations relevant under the Equality Act 2010, and The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017.’

‘In answering question 4C.1.2 please describe your experience of eliminating discrimination and promoting equality in both your own practices and those of your sub-contractors, including details of any specific steps taken in the design of services to increase opportunities to deliver the types of requirements detailed in II.2.4 in the OJEU contract notice or the relevant section of the site notice.

 

Award

The following may be helpful where equality considerations are relevant:

‘Please provide a copy of your equality policy and highlight how it relates to the elimination of discrimination in the provision of the services which are the subject of this tender.’

‘The contractor is required to have appropriate equality, bullying and harassment, and other appropriate workplace policies in place and comply with them in the delivery of this contract. This should include having appropriate grievance mechanisms in place to enable the contractor’s workers to raise any concerns about their own workplace and staff, or the authority’s workplace and staff’

‘The contractor is required to have an appropriate sub-contracting policy in place to ensure that sub-contractors comply with employment and equality law, contractual agreements and abide by any relevant collective agreements in the delivery of this contract’

'Please explain what arrangements you will make to ensure that the authority’s equality duties are supported and what action you will take to eliminate discrimination in the delivery of this contract’

‘Please describe how your employment policies and practices in the delivery of the services have due regard to the need to promote equality of treatment and opportunity.’

‘The contractor shall at all times comply with the requirements of the Equality Act 2010 and all other related statutory and regulatory requirements. Where the contractor’s staff work on the authority’s premises or alongside authority staff they will comply with the requirements of the authority’s policies and procedures relating to equal opportunities, and shall not treat any person or group of people less favourably than another on the grounds of age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. Copies of the authority’s policies and procedures relating to equal opportunities are available on request.’

‘In carrying out work under this contract, the contractor should take all opportunities to make recommendations that would enable the authority to prevent discrimination more effectively or to promote wider access to the authority’s services or premises.’

‘The contractor must ensure that all written information produced or used in connection with this contract e.g. signage, written correspondence, internet pages is as accessible as possible to disabled people and to people whose level of literacy in English is limited.’

 

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