L A B O U R E X P LO I TAT I O N A N D P U B L I C P R O C U R E M E N T
Phase 2 – Planning the procurement Considerations of responsibility can be taken into account already in the planning and preparation phase of the procurement. When planning procurements where the prevention of labour exploitation and trafficking is included, it is important to ensure that the persons have familiarised themselves with the phenomenon, for example by reading this guide and/or additional materials that are listed in this guide. If, the risk assessment (p. 25), leads to the conclusions that the procurement involves a risk of labour and human rights violations, it is recommended that contracting entities include clauses to their terms and conditions of tendering and contracts to prevent or reduce these risks (see page 35 in chapter 3). The next section discusses how to improve the prevention of labour exploitation in the planning phase as part of the market dialogue. Market dialogue and market consultation
Consulting suppliers can provide valuable insights into how the planned responsibility measures would work in practice. For example, the risk of overly demanding suitability requirements may make it unreasonably difficult, for SMEs in particular, to implement them, and this may affect their opportunities and motivation to participate in competitive tendering. The objective of the market dialogue is to ensure the success of the competitive tendering process and to ensure that the parties understand the minimum requirements of the invitation to tender, and that the social conditions do not impose an unreasonable burden for the companies (administrative burden or timewise). A dialogue can also be used to collect feedback, opinions and experiences of suppliers on the possible implications of planned responsibility measures and realisation of workers' rights.12 The market dialogue will also encourage suppliers to develop a more open discussion culture and at best increase the awareness of companies concerning risks of labour exploitation in local supply chains.
12
KEINO (2020): Guide for conducting a market study (hankintakeino.fi). 32
