The process for the implementation of the RRA in procurement is detailed below:
- Decide whether race equality is a core requirement in the contract in question. Race equality is a core requirement if:
· if the provision of goods, works and services is likely to affect either directly or indirectly our duty to promote race equality
· if it is necessary to include requirements for promoting race equality in the contract
If race equality in the contract is a core requirement then you need to address the steps in columns A and B in section 2. If race equality is a non-core requirement, then you need to address the steps in column A in section 2.
/ A. Steps to take in all contracts / B. Additional steps to take when race equality is a core requirement /
Planning / · Ensure the staff responsible for drawing up specifications and contract conditions understand the requirements of the RRA / · Review the race equality impact of your current arrangements
· Consult internally and externally on how better to meet your duty to promote race equality /
Drafting the Specification / · Include your race equality requirements in the specification /
Drafting Contract Conditions / · Include non-discrimination clauses. Please see Appendix 1 / · Include non-discrimination clauses Please see Appendix 1 /
Selecting Tenderers / · Ask about findings of discrimination in employment and any actions taken as a result, either in the PQQ or “Conditions” section in the OJEU
Please see Appendix 2a / · State your race equality requirements in the OJEU, and any other notice
· Where relevant ask questions about race equality policy, training, in the PQQ
· Where relevant, ask questions about race equality in service delivery Please see Appendix 2b /
Invitation to Tender / · Include non-discrimination clauses as drafted above / · Include non-discrimination and additional contract clauses as drafted above
· Include a brief paragraph detailing the end users affected by the contract
· Refer to the RRA duty and state race equality evaluation criteria Please see Appendix 3 /
Evaluating Tenders / · Check tenderers’ acceptance of race equality terms and conditions / · Evaluate tenderers’ proposals for meeting race equality requirements in the specification /
Managing and Monitoring the Contract / · Contact the successful supplier to ensure full understanding of non-discrimination contract conditions, and agree reporting arrangements
· Monitor the supplier’s performance of race equality contract conditions through the Supplier Appraisal Scheme
· Where race equality performance is inadequate, invoke default provisions and/or warn supplier that they may not be considered for future contracts / · Meet the successful supplier to ensure full understanding of your RRA duty and race equality requirements in the specification. /
Appendix 1: Contract Clauses
· Please insert the following clauses:
Racial discrimination and the promotion of race equality
1. The Supplier shall not discriminate directly or indirectly, or by way of victimisation or harassment, against any person on grounds of colour, race, nationality, or ethnic or national origins contrary to Part II (Discrimination in the Field of Employment), Part III (Discrimination in Other Fields) and Part IV (Other Unlawful Acts) of the Race Relations Act 1976 and the Race Relations (Amendment) Act 2000.
2. Where in connection with this agreement, the Supplier, its staff, agents, or Subcontractors are required to work on the University of Warwick’s premises, or alongside the University of Warwick’s employees, the Supplier shall comply with the University of Warwick’s Statement of Commitment to Equal Opportunities.
3. The Supplier shall notify [ ] at the University of Warwick in writing as soon as it becomes aware of any investigation of, or proceedings brought against the Supplier under the Act.
4. Where any investigation is conducted or proceedings are brought under the Act which arise directly or indirectly out of any act or omission of the Supplier, its staff, agents or Subcontractors, and where there is a finding against the Supplier in such proceedings, the Supplier shall indemnify the University of Warwick with respect to all costs, charges and expenses (including legal and administrative expenses) arising out of or in connection with any such investigation or proceedings and such other financial redress to cover any payment the University of Warwick may have been ordered to pay to a third party.
5. In the event that the Supplier enters into any Subcontract in connection with this Agreement, it shall impose obligations on its Subcontractors in terms substantially similar to those imposed on it.
Appendix 2a: Selecting Tenderers
Please ask for the following in either the PQQ or the “Conditions” section of the OJEU Notice:
· In the last three years, has any finding of unlawful racial discrimination in the employment field been made against your organisation by any court or tribunal, or in comparable proceedings in any other jurisdiction?
· In the last three years has your organisation been the subject of a formal investigation by the Commission for Racial Equality, or a comparable body, on the grounds of alleged unlawful discrimination in the employment field?
· In the last three years, has any contract with your organisation been terminated on grounds of your failure to comply with legislation prohibiting discrimination or contract conditions relating to equal opportunities in the provision of services?
· If the answer to either of the above is “yes”, what steps have you taken as a result of that finding?
Appendix 2b: Selecting Tenderers
· Please provide a statement in the OJEU to detail your race equality requirements
· Please ask the following questions either in the PQQ or in the “Conditions” section of the OJEU Notice:
· Is it your policy as an employer to comply with your statutory obligations under the Race Relations Act 1976, which applies in Great Britain, or equivalent legislation that applies in the countries in which your firm employs staff? Accordingly, is it your practice not to discriminate directly or indirectly on grounds of colour, race, nationality, or ethnic or national origins in relation to decisions to recruit, select, remunerate, train, transfer, and promote employees?
· Please supply documentary evidence of your organisation’s equality policies and race equality schemes, policies and action plans and such other evidence as may be appropriate in order to enable the University to satisfy itself that the supplier or contractor is compliant and is able to maintain compliance with equality legislation, and is able to support the University’s policies and procedures established to ensure that the University is compliant and able to maintain compliance with equality legislation.
· In the last three years, has any finding of unlawful racial discrimination in the employment field been made against your organisation by any court or tribunal, or in comparable proceedings in any other jurisdiction?
· In the last three years, has any contract with your organisation been terminated on grounds of your failure to comply with legislation prohibiting discrimination or contract conditions relating to equal opportunities in the provision of services?
· If the answer to either of the previous two questions above is “yes”, what steps have you taken as a result of that finding?
· If you are not currently subject to UK legislation, please supply details of your experience in complying with equivalent legislation that is designed to eliminate discrimination and to promote equality of opportunity.
Appendix 3: Invitation to Tender
· Please insert the following wording:
The Race Relation Act 1976 and the Race Relation (Amendment) Act 2000 are integral parts of the University’s Equal Opportunities Policy, which in turn is guided by the University’s Statement of Commitment to Equal Opportunities, as detailed below:
The University of Warwick, recognising the value of sustaining and advancing a safe and welcoming learning environment, strives to treat both employees and students with respect and dignity, treat them fairly with regards to all assessments, choices and procedures, and to give them encouragement to achieve their full potential. Therefore, the University strives to treat all its members on the basis of merit and ability alone and aims to eliminate unjustifiable discrimination on the grounds of gender, race, nationality, ethnic or national origin, political beliefs, religious beliefs or practices, disability, marital status, family circumstances, sexual orientation, spent criminal convictions, age or any other inappropriate ground.
· Include a paragraph detailing information about the population affected, (ie staff or students etc) by ethnic group, cross-referenced to other factors, for example age, occupational status, language or religion where relevant to the contract.
· State your basic criterion for awarding the contract, for example, if the contract is advertised in the EU, “the most economically advantageous tender”. Additionally, the Invitation to Tender must also set out the specific criteria used to evaluate the tenders, including any relevant race equality criteria