BOP1302 Anti-Sweatshop Procurement Policy.pdf

BOP-1302

Revised 11/21/2013

CERTIFICATION

Required By Executive Order 2004-4 Anti-Sweatshop Procurement Policy

I, ________________________________, being the __________________________ [title] of _________________________________ [Contractor], a ____________________________ [State or Country of incorporation] corporation, or other legal entity, ("Contractor") located at ______________ __________________ [address], having a Social Security or Federal Identification Number of ______________________, do hereby certify and represent to the Commonwealth of Pennsylvania ("Commonwealth"):

1. In connection with the manufacturing of the apparel or the laundering of apparel that the Contractor is offering to provide as a part of its bid [or proposal]/the contract, Contractor certifies and agrees (Contractor MUST check either the “a.” box or the “b.” box below, whichever is applicable):

a. Each and every employee used in connection with the manufacturing or laundering of apparel will be paid an hourly rate at least equivalent to the Poverty Threshold, as defined in Paragraph 6 below; and

ii. Each and every employee used in connection with the manufacturing or laundering of apparel will be provided with working conditions that meet or exceed the International Labor Organization Convention's ("ILO") standards governing forced labor, child labor, payment of wages, hours of work, occupational health and safety and nondiscrimination, and Contractor is in compliance with all federal, state and local laws of the locality of manufacturing/laundering of the apparel, except where preempted by federal/state law;

and

iii. The representations in a.1 and a.2 above are also true in regard to any of Contractor's subcontractors, and subsidiary, affiliated, or associated corporations that are being or will be used in the manufacturing or laundering of apparel in connection with this bid [or proposal]or contract.

OR

b. A collective bargaining agreement is in effect between the operator of the manufacturing facility(ies) and its employees and will remain in effect for the duration of the contract for the manufacturing/laundering of the apparel. The union representing the manufacturing facility's employees is ________________________ _________________________________________ [Contractor must identify union in the space provided]. The union is a responsible organization that is not influenced or controlled by management.

2. Contractor has attached a list of each proposed facility that will be utilized in the manufacture of the apparel or laundering of the apparel, including subcontractors. This list includes the business name of any and all suppliers and subcontractors or any subsidiary, affiliated or associated corporation the address of manufacturing or laundering facilities that will be utilized, a contact person(s), and telephone numbers for each facility. Contractor will notify the Contracting Officer in writing of any change in these items within seven (7) business days of such change occurring. No change will be made without the Contracting Officer’s approval.

Revised 11/21/2013

3. Contractor will, during normal business hours, allow Commonwealth representatives reasonable access to the facilities to confirm the representations made in this Certification. Contractor will also provide all requested documentation to confirm the representations made pursuant to this Certification. If Contractor refuses to provide access or documentation, Contractor shall reimburse the Commonwealth for costs and expenses incurred by the Commonwealth in pursuing any equitable or legal proceedings to gain access to or to receive such documentation.

4. Attached is a list of each proposed facility that will be utilized in the manufacture of the apparel or the laundering of the apparel.

5. For purposes of this Certification, "apparel" is defined as: "Products manufactured, woven, cut, sewn or otherwise similarly processed by mechanical or human effort from fabrics, leather, or cloth made for use as clothing, shoes, or other attire."

6. For purposes of this Certification "Poverty Threshold" is defined as:

The Poverty threshold for a family of three, as published by the United States Department of Health and Human Resources, plus an additional 20 percent in wages if health benefits are not provided, and reduced by any mandatory deductions in employee pay for housing transportation, meals, or required job equipment. For non-United States facilities, the Commonwealth purchasing agency may, in its discretion, adjust the United States Department of Health and Human Resources’ poverty threshold to reflect the country’s level of economic development by using a factor such as purchasing power parity or relative standard of living.

7. The Department of General Services may share all information provided by contractor in its bid [or proposal] relative to this certification with the public.

8. The person signing this Certification on behalf of Contractor has been authorized to make these certifications on behalf of Contractor and to sign this Certification on Contractor's behalf.

9. The information and certifications provided by Contractor are material and important and will be relied upon by the Commonwealth in awarding the contract. The Department [or other purchasing agency] shall treat any misstatement as fraudulent concealment of the true facts punishable under Section 4904 of the Pennsylvania Crimes Code, Title 18, of Pa. Consolidated Statutes.

Attest or Witness: ___________________________________ Corporate or Legal Entity's Name

Signature Date Signature Date

Printed Name/Title Printed Name/Title

Revised 11/21/13

LIST OF MANUFACTURING/LAUNDERING FACILITIES

Name of Facility Description of Item

Manufactured/Laundered at this Facility

Facility Location (State, Country, and Address)

Business Name of Owner/Operator of

Facility

Address of Owner/Operator Contact Person

Telephone Number of

Contact Person