Annex – Example Procurement Clauses and KPIs
Pre-contract notification
Below are examples of wording that can be used for this purpose:
‘The contracting authority has included obligations within the specification and contract conditions relating to the use of conflict minerals, which are relevant to the products or services to be delivered.’
‘It is a requirement of this contract that suppliers provide evidence of policy and systems that aim to prevent the inclusion of conflict minerals in products supplied, and demonstrate continual improvement.’
'Throughout the term of the contract, the contractor will be required to demonstrate how they assess the likelihood of conflict minerals within products, and what measures they have undertaken to minimise and eliminate, where practical, such minerals. The contractor will be required to comply with any new and emerging legislation and/or self-certification system.'
‘The contract or framework agreement supports the Scottish Government's National Performance Framework, and the National Outcomes which articulate the Government's Purpose ‘To focus Government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth’. This Framework supports the following National Outcomes, and contractors are expected to support the contracting authority’s aim to achieve these.' [Insert relevant National Outcomes - see above].
Supplier selection
‘Bidders will be required to confirm that they have (or have access to) the relevant supply chain management and tracking systems used by them to deliver the types of requirements detailed in II.2.4 in the OJEU Contract Notice or the relevant section of the Site Notice.’
‘Relevant protocols, standards, systems include those by the International Labour Organisation, Fairtrade Foundation, Ethical Trading Initiative, SA8000 or ISEAL, or equivalent’
Specification
To highlight the requirement to meet such criteria the following wording could be included in a specification:
‘The supplier shall supply products that minimise and where practical eliminate the use of conflict minerals, and continually improve.'
‘Throughout the term of the Framework Agreement, the Contractor will be required to demonstrate how they assess the likelihood of conflict minerals within products, and what measures they have undertaken to minimise and eliminate, where practical, such minerals. The Contractor will be required to comply with any new and emerging legislation and/or self-certification system.’
Award
Where the sustainability of materials is both relevant and proportionate the following questions may be helpful:
‘Please provide evidence of your capability to minimise, or eliminate, the use of conflict minerals within products supplied as part of this tender. This can be demonstrated through a comprehensive policy, systems and processes, which may reflect the OECD Due Diligence Guidance, or membership of the Responsible Business Alliance (RBA) or equivalent.’
‘Please provide a copy of your Environmental Policy and highlight how it relates to the minimisation and elimination of conflict minerals in products supplied as part of this tender.’
Contract and supplier management / monitoring
Specific requirements may include:
'The provision of yearly verification that products supplied do not contain conflict minerals.'
‘The provision of an annual summary of its due diligence and risk management measures consistent with the OECD Due Diligence Guidance’
‘Demonstration of support for institutional mechanisms to advance responsible sourcing of minerals consistent with OECD Due Diligence Guidance. Evidence could include for example participation and support of the Responsible Minerals Initiative, the Public-Private Alliance for Responsible Minerals Trade , and the European Partnership for Responsible Minerals, etc.’
‘Evidence of participation in in-region responsible sourcing programs / initiatives for Tantalum, Tin, Tungsten and Gold (3T+G), i.e. such as inclusion on the list of members to the initiative/program.’
‘A public list of its smelters / refiners of tantalum, tin, tungsten, and gold reported for its supply chain’