On behalf of East Sussex County Council, Surrey County Council and Brighton and Hove City Council
Orbis Procurement is a shared service partnership between Surrey County Council, East Sussex County Council, and Brighton & Hove City Council. It is one of the UK’s largest public sector providers of innovative, flexible, strategic and tactical procurement solutions, and helps partners to manage and improve the delivery of public services.
Orbis Procurement’s objective for its partners’ supply chains is to ensure that our significant third party spend can be used to deliver greater “public benefit”, securing value that furthers national, regional and local priorities and needs. This Supplier Code of Conduct is designed to provide understanding, alignment and continuous improvement around these objectives throughout the full procurement and contract lifecycle.
Be it generating and retaining wealth within our communities, contributing to the achievement of environmental commitments, or mitigating against the risk of abuse and discrimination within our supply chain, it is our responsibility to procure in an ethical, fair, responsible, and sustainable way and that our supply chains align with our policy objectives.
Successful supply chains are built on shared goals, trust and values. These are relationships that are developed and deepened over time through collaboration, transparency and continuous improvement. We believe that this Code of Conduct (the “Code”) will be mutually beneficial and improve the outcomes of all parties’ objectives.
Orbis Procurement is working towards a culture of high standards whereby supply chain activities are operated in an ethical and sustainable way, and in accordance with all applicable laws. The Code is based on the principles of UN Global Compact.
In the first instance this Code is primarily aimed at communicating our values, priorities and objectives. We will seek to reinforce these through the procurement of goods, services and works. We will monitor adherence to the Code through the contract lifecycle, and collaborate with suppliers to evolve and improve alignment and delivery of these objectives.
All Suppliers must adhere to relevant laws and regulations as they apply to the goods and services procured by the councils and therefore this Code does not seek to detail these areas. However, as the councils believe that we must go further to address the challenges we collectively face and build sustainable, healthy and prosperous communities now and for the future, this Code describes those areas in which we expect suppliers to collaborate with the councils to achieve more than the legal or regulatory requirement.
This Code applies to suppliers, and their extended supply chain, performing obligations under a contract for any Orbis partner authority. The Code will be applied in a proportionate and relevant manner according to the market and the goods or services provided. Orbis Procurement reserves the right to amend this Code as a result of emerging new policy objectives or further development of existing ones. Any specific requirements under the Code will be detailed in any given tender and resultant contract.
The Code is made available to our suppliers with the goal of strengthening our mutual understanding of how these principles should be practiced in day-to-day business. This may include Orbis Procurement:
For the avoidance of doubt, if any of the provisions herein conflict with contractual stipulations between a Supplier and the relevant Authority, the contractual stipulations shall prevail.
Adhering to the law is the minimum standard expected of suppliers. Suppliers must at all times comply with legislation, and any applicable regulations or industry standards (whichever affords the highest standard) relevant to the goods, services and works provided to Orbis partner authorities, wherever they operate.
This includes but is not limited to those related to:
We expect our suppliers and their supply chains to follow three key principles which focus on people, planet and public service.
These principles are underpinned by an overarching expectation for suppliers to conduct their business responsibly, maintaining high standards of integrity and professionalism in their business dealings.
We are committed to promoting awareness of and respect for internationally recognised human rights inherent to all human beings and respecting the principles concerning fundamental rights of workers set out in core labour standards. This includes workers operating within our organisation and supply chains and people that may be impacted by supply chain activities.
We also have a responsibility to ensure that our activities do not cause, contribute, or are linked to adverse human rights impacts such as modern slavery.
Modern slavery is an umbrella term used to describe a range of exploitative practices including slavery, servitude, forced labour or compulsory labour, and human trafficking. These practices sit at the extreme end of a continuum of exploitation ranging from poor and unlawful labour and employment practices to severe forms of exploitation amounting to modern slavery.
The authorities’ approach to this issue includes a commitment to ensuring that people are not subjected to exploitation anywhere in their operations and supply chains. We are committed to conducting due diligence to identify and address risks related to our projects, activities, and relationships.
We are also committed to respecting and promoting equality, diversity, and inclusion. Advancing opportunity and fostering good relations are legal duties in all partner authorities’ activities.
The authorities are opposed to any form of discriminatory practices within their operations and supply chains and seek opportunities to increase and promote equality.
Orbis Procurement and our partner authorities recognise that a healthy and properly functioning natural environment is the foundation of a thriving economy, employment stability, prospering communities and personal wellbeing.
The authorities have each declared Climate Emergencies and have committed to improve biodiversity, recover natural capital or enhance the natural environment.
The procurement of goods, works and services has environmental implications in their respective areas and around the planet, as a result, the councils are actively working to reduce and minimise these negative effects where possible.
Our local communities are directly affected by Climate Change, with rural and urban communities facing increased risk of flooding, older people affected by extreme heat and public services coming under greater strain due to natural resource depletion. In many cases our supply chain is also part of that local community, this is therefore a shared challenge that requires a shared solution.
We are committed to ensuring that our supply chain now and in the future minimises the negative impact of delivering the goods, services and works we procure. Furthermore, we seek to ensure that opportunities for positive impacts on the environment are maximised.
This Code supports collaboration and early engagement with the supply chain to find new and innovative ways to tackle this, enabling us to jointly set challenging carbon reduction targets and environmental performance standards, without leaving it too late.
The Public Services (Social Value) Act 2012 requires the councils to consider:
We look to achieve social value from all goods, works and services that we procure. Delivering social value is about embracing a culture of civic leadership and delivering value over and above the core requirements and outcomes outlined in the contract. We understand that working with suppliers is key to delivering social value.
Our communities are diverse and include a wide-ranging demographic, alongside large rural and urban areas, however the partner authorities have developed an understanding of the core needs and priorities that will support healthy, prosperous and sustainable communities.
These form the underlying principles of our approach to Social Value in Orbis Procurement, and we expect suppliers to engage and work with us to ensure the outcomes that can be achieved by delivering targeted Social Value.
Orbis Procurement and our partner authorities are committed to developing collaborative supplier relationships by:
We will make sure our expectations and the requirements we set are proportionate to the market and the goods or services provided. We will not only look at the impact of a supplier’s products and services, but also pay explicit attention to the sustainability of all aspects of our own business operations.
Our aim is to adopt ways of working which places the respect and protection of people and the planet at the heart of our business dealings and transactions. We commit to continue:
Finally, we aim to work with suppliers who make mutually beneficial improvements and deliver a more ethical and sustainable outcome for our partners and customers, taking a positive and supportive approach to compliance.
We expect suppliers to abide by all parts of this Code that are relevant and proportionate to their organisation and the contractual requirement. This includes:
We encourage suppliers to share the results and outcomes of their work with regards to the core principles of this Code, not only related to required performance measurements, but more widely to aid continued learning, recognition and supply chain development.
Our supply chain should have measures in place to correct any wrongdoings caused or contributed by their activities and/or business relationships. We expect suppliers to have clear, transparent, and appropriate frameworks in place to respond to grievances and remedy wrongdoings. Mechanisms should enable people, including workers, and suppliers to confidentially raise concerns without the threat or fear of discrimination or retaliation.
This Code forms part of the procurement and contract documents issued by the partner authorities. When bidding for opportunities, the supplier may be required to demonstrate compliance with principles that are deemed relevant and proportionate to the contract. Suppliers will be informed of key principles relevant to the subject matter of the contract at the point of tendering. As a minimum all bidders will be asked to confirm that they will abide by the Code where relevant and proportionate.
The partner authorities may include performance measurement requirements and/or key performance indicators (KPIs) related to either the Code, its individual principles, related policies and guidance as well as key enablers such as continuous improvement and innovation.
We reserve the right at any point in the procurement or contract lifecycle to verify your organisation’s alignment with appropriate principles outlined within this Code, as well as any relevant contractual commitments, legal compliance, or performance requirements by means as deemed appropriate.
Compliance monitoring is expected to follow standard contract management processes to monitor aspects of the Code. In the event of wrongdoing, we reserve the right to enforce the contractual terms related to persistent default and breach of contract. Where possible and practical to do so, we will prioritise working with suppliers to put in place an action plan specific to the type of incident and to prevent recurrence.
Our partners each maintain a Whistleblowing Policy for all employees and suppliers. Any concerns pertaining to the violation of the principles contained within this Code should be reported via the authorities’ whistleblowing channels by employees, suppliers, and anyone performing obligations under a contract with the authorities.
This is key to ensuring that anyone, including employees of suppliers and contractors, can confidentially bring attention to any concerns to the relevant authority. Our suppliers are encouraged to use these policies when appropriate, and ensure an appropriate policy is in place in their own organisation.
The following are examples of how suppliers can demonstrate compliance with this Code.
1. People - respect and uphold labour and human rights
2. Planet - manage environmental impacts
3. Public service - deliver social value