Works
This section presents good practices developed globally in each stage of the procurement process works, as well as specific practices in construction.
Pre-tender: Selection/exclusion of suppliers.
“The pre-tender phase refers to activities involved in the tendering process prior to award of a project. This includes for example defining the organisation’s internal needs, preparing the budget, designing the procurement strategy, scheduling the project, researching or analysing the market, defining the requirements and award criteria as well as developing the tender documents." (OECD, 2017:74).
Please see below the list of countries that have implemented good practices in this first stage of procurement where you can click on their laws and policies to be directed to the original documents.
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1. Mandatory exclusion criteria like non-payment of social security or tax contributions or abnormally low tenders when they result in non-compliance with mandatory law regarding environmental, social or labour provisions.
• European Union: Directive 2014/24/EU of the European Parliament and of The Council of 26 February 2014 on Public Procurement and Repealing Directive 2004/18/EC (100, article 69) and Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC. (105, 108, article 84)
• Switzerland The Federal Act on Public Procurement (2019, article 26)
• Jamaica Public Procurement Regulations (2018, section 17)
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2. Voluntary exclusion criteria like suppliers that have violated environmental or social obligations
• European Union: Directive 2014/24/EU of the European Parliament and of The Council of 26 February 2014 on Public Procurement and Repealing Directive 2004/18/EC (101) and Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC. (106)
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3. Voluntary non-economic awarding criteria like social labels or suppliers with vulnerable workers (unemployed young workers, disabled or indigenous people) with certain percentage of female employers or SMEs
• European Union: Directive 2014/24/EU of the European Parliament and of The Council of 26 February 2014 on Public Procurement and Repealing Directive 2004/18/EC (75, 88, article 2 and 43) and Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC. (85, article 2 and 61)
• Mexico: Law of Public Works and Related Services (2000, last amendment 2016, article 38)
• Costa Rica: Executive Decree 39310 National Policy of Sustainable Public Procurement and Creation of the National Steering Committee of Sustainable Procurement (2015, article 4)
• Kenya: Public Procurement and Asset Disposal Act 33 (2015, provision 157)
• Zambia: Public Procurement Act (2008, section 63)
• Switzerland The Federal Act on Public Procurement (2019, article 29)
• China Government Procurement Act (amended 2019, article 97)
• Vietnam Law No.43/2013/QH13 dated November 26, 2013 of the National Assembly on bidding (2013, article 14).
Tender: draft and award of contract.
“The tender phase is where tender requirements are presented to the market. It often takes the form of a Request for Proposal (RFP), which is a structured invitation to suppliers to submit a proposal or tender to supply products or services in line with the requirements of the procurement documents that were developed in the pre-tender phase.” (OECD, 2017:77)
Please see below the list of countries that have implemented good practices in this second stage of procurement where you can click on their laws and policies to be directed to the original documents.
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1. Request contractor to have minimum human rights actions like sign a form certifying that their subcontractors involved in the contract are fully compliant to the best of their knowledge to certain human rights standards or compliance with minimum labour standards.
• Northern Ireland: CPD Supplier Code of Conduct (2020)
• Sweden: The Public Procurement Act 2016:1145 (chapter 17)
• Norway: Public Procurement Act (2001, section 7)
Relevant advances globally in the procurement of works
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London Cycle Hire Scheme Agreemnt: Schedule 19 - Strategic Labor Needs and Training. 2009
This guideline addresses the skills and shortages in the transport and engineering sectors, allowing to create employment opportunities for those under-represented. When suppliers are invited to tender, asked to outline how they plan to incorporate at least one SLNT output.
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Dignity by Design: Human Rights and the Built Environment Lifecycle. 2019
This report is a call to action to advance dignity and human rights throughout the built environment lifecycle: from land acquisition, planning and financing, through design, construction, management and use, to demolition and re-development.
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Construction and the Modern Slavery Act: Tacking Exploitation in the UK. 2018
This report examines the UK construction industry’s response to the Modern Slavery Act and the systemic problems that are eroding the rights of domestic and foreign workers in the sector. The report also explores evolving best practice, industry initiatives and emerging legal, social and governance drivers of change.
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Construction and The Modern Slavery Act: Report Summary. 2018
This report summarises some of the key points made in Construction and the Modern Slavery Act, Tackling Exploitation in the UK, which was launched by CIOB in May 2018.
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Attributes and Framework for Sustainable Infrastructure. May 2019
This framework developed by the Inter-American Development Bank (IDB) sets out detailed attributes that constitute indicators to attain each of the four dimensions of sustainable infrastructure (economic and financial, environmental and climate resilience, social and human rights and institutional) over the entire life cycle of projects.
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The Other Infrastructure Gap: Sustainability. 2018
This UN publication presents an analysis of the potential gains from integrating human rights and environmental dimensions of sustainability within mega-infrastructure plans and projects, as well as the cost of failing to do so, with a special focus in the energy, transportation and water sectors.
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Contracts for Sustainable Infrastructure: Ensuring the economic, social and environmental co-benefits of infrastructure investment projects. 2017
This report developed by the IISD defines sustainable infrastructure and describes its co-benefits and characteristics. It develops why and how should governments integrate sustainability, including human rights considerations into infrastructure contracts and specific recommendations.
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Public Procurement and Infrastructure Governance: Initial Policy Responses to the Coronavirus (COVID-19) Crisis. 2020
This policy brief examines the immediate infrastructure governance and public procurement policy responses taken by OECD and selected non-OECD countries during the first phase of the crisis. It also highlights which dimensions of these responses need to be revisited in order to strengthen resilience for future emergencies. It examines the key challenges of the coronavirus (COVID-19) crisis for public buyers (concerning not only the health sector or emergency contracting) and, the key challenges of identifying critical infrastructure and ensuring infrastructure service continuity at the height of the pandemic.
Related blogs
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PUBLIC PROCUREMENT AND HUMAN RIGHTS IN THE NETHERLANDS: THE CASE OF NATURAL STONE - Diewertje Heyl, September 2016