1. The supplier’s obligation
Throughout the entire contract period, the supplier shall apply the contract terms under item 1-4. The contract shall be fulfilled in accordance with the following terms regarding human rights, workers’ rights, environmental protection, and anti-corruption (sustainable supply chains):
- the UN Universal Declaration on Human Rights,
- the UN Convention on the Rights of the Child, Article 32,
- the eight core conventions of the ILO regarding forced or compulsory labour, child labour, discrimination, as well as freedom of association and the right to collective bargaining, (no 29, 87, 98, 100, 105, 111, 138, and 182),
- the labour law in force in the country were the work is performed, including regulations for salary, working hours, leisure time, and work environment,
- the environmental law in force in the country were the work is performed, and
- the UN Convention against Corruption.
The terms regarding sustainable supply chains are called “the Terms” hereafter.
When international regulations prescribe a stronger protection for the individual than the national legislation, the supplier shall take reasonable measures to ensure compliancy with the international regulations.
The obligations concerns all operations connected to the performance of the contract.
The supplier shall, according to item 2, ensure that the Terms are fulfilled by hired subcontractors in all parts of the supply chain. In addition, the supplier shall ensure that these subcontractors participate in the follow-up, according to item 3.
2. Policies and routines
To fulfil the obligations under item 1, the supplier shall take measures to prevent andmanage any deviations from the Terms according to item 2.1-2.6 below. The measures shall be documented and applied concurrently throughout the entire contract period in their own operation as well as in the operation of any subcontractors in all parts of the supply chain.
At the start of the contract the supplier shall have:
2.1 adopted a commonly accessible policy, adopted by the highest management including a commitment to respect the Terms,
2.2. adopted routines to convey their commitment to respect the Terms in their own operation and in the supply chain,
2.3 appointed a manager at the highest management level, responsible for compliance with the Terms,
2.4 adopted routines to regularly carry out risk analyses, i.e. to identify and prioritise current and potential risks of deviation from the Terms, as well as mapping the supply chain with special regard to high risk operations,
2.5 adopted routines for regular follow-up of the Terms compliance, and
2.6 adopted routines to immediate action to prevent and limit deviations from the Terms, and to make amendments to identified deviations.
The measures shall be taken in accordance with the UN Guiding Principles on Business and Human Rights, or the equivalent.
3. Follow-up
[The contracting authority] has the right to follow-up that the supplier fulfils its obligations. The follow-up may be carried out in different steps; self-assessment and audit.
3.1 Self-assessment
Upon request from [the contracting authority] the supplier shall, [within six (6) weeks/other time period, specified by the contracting authority] from the receipt of the request, report compliance with the Terms in writing. The account can be submitted by form, according to appendix 1: self-assessment questionnaire. The supplier is expected to provide the information requested in the appendix.
3.2 Audit
The supplier shall enable [the contracting authority] to perform audits, on their own or through a representative, with the supplier and/or its subcontractors to ensure that the supplier fulfils the obligations according to item 1 and complies with the Terms. The supplier shall provide the information and documentation necessary in connection with the audit.
4. Management of deficiencies
If the supplier does not participate in follow-up or if there are deficiencies in the documentation to be provided under item 3, a correction shall be made within the time determined by [the contracting authority].
In case of deficiencies in compliance to the Terms, the supplier shall amend this according to a schedule and action plan, developed by the supplier, and to be approved by [the contracting authority]. The schedule and action plan are to be developed within the time period decided by [the contracting authority] and must be proportionate to the nature of the deficiencies and clearly describe how these are to be remedied within the established schedule.
[The contracting authority] has the right to terminate the contract with immediate effect if the supplier do not make amendments within the established period or do not remedy deficiencies within the established
schedule.
[The contracting authority] has the right to terminate the contract with immediate effect in the case of severe deviations from the Terms.
