Anti-Sweatshop Clause.doc

Procurement of Apparel or Apparel Laundering Services 1.

Eligibility. To be eligible for award, a bidder [or offeror] must submit the following items with its bid [or proposal], or no later than two (2) business days after notification from the Department of General Services [or other purchasing agency]:

a.

A certification, in the form included with this invitation for bids [or request for proposals] signed by an individual authorized to make the certifications on behalf of the bidder [or offeror].

b.

A list of each proposed facility to be utilized in the manufacture of the apparel or the laundering of the apparel, including subcontractors, with business name, address, contact person, and telephone number where such work will be conducted.

Failure to provide this required information prior to the expiration of the second business day after notification shall result in the rejection of the bid [or proposal].

2.

Applicable Law.

a.

Pennsylvania Employers. Employers in Pennsylvania must comply with Pennsylvania and applicable federal laws.

b.

Other U.S. Employers. Employers in other states in the United States must comply with the employer's state law and appropriate federal law.

c.

Outside of U.S. Employers. For employers whose manufacturing/assembly facilities are outside the United States, those employers must comply with the country's laws where the facilities are located.

3.

Responsibility Determination. The Department of General Services [or other purchasing agency] shall not enter into a contract for the procurement of apparel or apparel laundering services unless and until the Department [or other purchasing agency] determines, in its sole discretion, that the apparel will not be manufactured or laundered in a facility that utilizes sweatshop conditions. In making the determination, the Department of General Services [or other purchasing agency] may:

a.

Consider the certification provided by the bidder [or offeror] in a.1. above.

b.

Request further information and documentation from the bidder [or offeror] or the manufacturing or laundering facility.

c.

Seek and receive information from workers, labor unions, manufacturers, consumer groups, international organizations and groups and other parties.

The bidder [or offeror] understands and agrees that the Department of General Services [or other purchasing agency] may make available the information provided by bidders [or offerors] in a and c above to the public (excluding other offerors and their representatives and agents).

4.

Notice of Changes During Contract Term. The Contractor shall be required to provide written notice to the Department of General Services [or other purchasing agency] of any changes during the term of the contract to the certification or the list of manufacturing/laundering facilities provided by the bidder [or offeror] with its bid [or proposal].

5.

Remedies and Sanctions. The Department of General Services [or other purchasing agency] shall pursue appropriate remedies and sanctions against a bidder [or offeror], contractor, manufacturer or other party for:

a.

Failure to comply with the requirements of its bid [or proposal] or the contract;

b.

False certifications;

c.

Any retaliation or attempt to retaliate against employees who report alleged violations of these requirements; and/or d.

Other violations of these requirements.

Remedies and sanctions include:

a.

Rejection of a bid [or proposal];

b.

Termination of award or contract;

c.

Collection of damages;

d.

Suspension and/or debarment from the privilege of contracting with any Commonwealth agency; and e.

Possible criminal prosecution.

A bidder [or offeror] may escape sanctions if, prior to submission of its bid [or proposal], it obtains signed certifications from its subcontractors, meeting all the requirements stated in the certification. This will not, however, limit the Department of General Services' [or other agency's] ability to terminate the award or the contract upon thirty (30) days notice of violation of these requirements, after giving the contractor reasonable right to cure.