Consideration must also be given to any legislative requirements such as the:
- Bribery Act 2010 (details covered under Code of Ethics)
- WEEE directives (further information on disposal is found under Disposal of surplus equipment.)
- Equalities Act 2010
Equality Act 2010
The Equality Act 2010 incorporates and supersedes the RRAA and DDA. Information on the University's approach generally to Equality and Diversity can be found on the website.
How does it affect procurement?
The legislation imposes a statutory duty on the University to eliminate unlawful discrimination and promote equality of opportunity and good race relations across all functions including procurement.
The Act will impact on University purchasing activity in several key areas:
- as the specification of requirements:
- the selection of (and continuing use of existing) suppliers; and
- in the performance of their contracts.
Although it affects all contracts its impact is most keenly felt if a supplier will be in face-to-face or verbal contact with the University's staff, customers (students) or members of the public in the vicinity of University sites.
Where this occurs the products and services delivered are defined as highly relevant. In these circumstances the conduct of such suppliers' staff is relevant so far as the University's responsibility under the Act is concerned. If you are unsure if a product or service is highly relevant contact a member of Procurement Services.
Your role as the purchaser
The purchaser must make appropriate arrangements to ensure that the supplier has:
- the capability and
- has introduced policies, documentation and training to ensure that their staff are aware of their obligations under the Act:
- does nothing that breaches the Act in any way.
All invitations to tender and quotations for highly relevant products and services must contain the University terms and conditions. Incorporated into these terms are the relevant Equality clauses.
The recommended process to assess the supplier for these criteria is to use the supplier evaluation questionnaire.
The importance of the legislation must not be underestimated. The potential liabilities for breaching the Legislation (including unlimited fines with potential personal liability in some cases) and the increased possibility of receiving a challenge, are such that everyone involved in purchasing will need to show that they have applied due regard to their obligations under the Act and have taken steps to embed it into their departmental procedures and processes. Finally the Equality Act is a legal obligation and therefore cannot be considered optional.
We advise that you contact a member of Procurement Services before using the advice contained in this guidance for the first time, particularly if you are contracting for a highly relevant product or service.
If you require any additional help or advice in complying with this legislation contact Procurement Services via email or on extension 32233.
Full guidance is available on Procurement Services website.