Vendor Conduct
The University of Montana (UM) has adopted this Vendor Conduct Code as part of its contracting policies and procedures, and will apply the Code to the full extent it comports with Montana state and federal procurement statutory and regulatory requirements. Any vendor who does not follow this code may be at risk for debarement per the Montana State policies located here Debarred & Suspended Vendors (mt.gov)
General Principles. UM has a longstanding commitment to sound, ethical, and socially responsible business practices. Socially responsible activities include initiatives related to the environment, human rights, safety, financial responsibility, ethics, improving the welfare of society and the quality of life, diversity, equity, justice and fairness and avoidance of harm. It is recognized that through the public procurement process the University has the opportunity to implement socially responsible policies as enacted by legislative bodies.
Any Agreement between the University and a vendor providing it with goods and services will contain the following provision:
Compliance With Laws. Contractor shall, in performance of work under a UM contract, fully comply with all applicable federal, state, or local laws, rules, and regulations, including but not limited to, the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by Contractor subjects subcontractors to the same provision. In accordance with 49-3-207, MCA, Contractor agrees that the hiring of persons to perform this contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing this contract.
ENCOURAGED PRACTICES
UM's Procurement Services is committed to providing a quality acquisition process to support the members of the University and business communities in the achievement of their respective objectives in education, research, and service, and in business success. As a part of this commitment the following practices are strongly encouraged:
Freedom of Association and Collective Bargaining. Vendors will recognize and respect the rights of employees to freedom of association and collective bargaining, including, if applicable, the rights set forth in the National Labor Relations Act, as amended; the State of Montana Department of Labor and Industry; or such other labor relations laws as may be applicable.
Labor Standards: Wages, Hours, Leaves, and Child Labor. Vendors will recognize and respect the legal rights of employees concerning minimum and prevailing wages, wage payments, and maximum hours and overtime; legally mandated family, childbirth, and medical leaves and return to work thereafter; and limitations on child labor; including, if applicable, the rights set forth in the Federal Fair Labor Standards Act, the Federal Davis-Bacon Act, the Federal Family and Medical Leave Act, and any other laws defining such labor standards.
Health and Safety. Vendors will provide a safe and healthful working environment to prevent accidents and injury to health, including reproductive health, arising out of, linked with, or occurring in the course of work or resulting from the operation of the vendors’ facilities. During the performance of any Agreement, all products, services, use of equipment, working conditions, employee training or licensing requirements, and activities performed by the vendor or the vendor’s subcontractors must be in full compliance, if applicable, with the Federal Occupational Safety and Health Act, the State of Montana Department of Public Health and Human Services, and all other applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to the environmental safety and health requirements set forth in 29 Code of Federal Regulations, 40 CFR, and 49 CFR.
Forced Labor. Vendors are encouraged not to use, or purchase, supplies or materials that are produced by using any illegal form of forced labor.
Harassment or Abuse. Every employee will be treated with dignity and respect. No employee will be subject to any physical, sexual, psychological, or verbal harassment or abuse. Vendors will not use or tolerate any form of corporal punishment.
Employee Compensation. The University recognizes that maintaining the dignity and meeting the essential needs of employees and their families require a reasonable compensation based upon employee education, skill, knowledge and work responsibility. Basic needs include food, shelter, clothing, health care, education, and transportation. The University will strive to do business with vendors that provide reasonable employee compensation based on all these considerations.
International Human Rights. Human rights constitute a core value of this institution. The University will strive to do business with vendors that show leadership in human rights practices and that meet well-recognized international human rights and labor standards, such as those set forth in the Universal Declaration of Human Rights.
Environmental Protection. Safeguarding the environment for the benefit of all peoples now and in the future is a matter of increasing concern in the academic community as well as in society generally. The University will strive to do business with vendors who engage in environmentally sustainable practices and production methods and that meet well-established certification standards. Specific factors to be encouraged include, but are not limited to, the minimization of waste products, use of post-consumer recycled materials in the production of finished products and the recyclability of finished products, energy efficiency, and the durability, biodegradability, and reparability of the products purchased by the University.
Non-U.S. Law. Vendors and vendor’s suppliers operating under non-U.S. law will comply with all such laws applicable to the subject matter of this Code insofar as they are consistent with the provisions of this Code. Such vendors or suppliers will also comply with all provisions of this Code insofar as they do not violate applicable non-U.S. laws.
COMPLIANCE PROCEDURES
University-Vendor Partnership. The ideal University-vendor relationship is in the nature of a partnership, seeking mutually agreeable and important goals. Recognizing our mutual interdependence, it is in the best interest of the University to find a resolution when responding to charges or questions about a vendor’s compliance with the provisions of the Code.