Duke University
OP-17: Guidelines for Business Partners

All articles manufactured and delivered under this contract/purchase order will be manufactured in accordance with the Fair Labor Standards Act of 1938, as amended in 1961 (29 USC 201 219). The Contractor hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and the Executive Order 11246, dated September 24, 1965, and as amended by Executive Order 11375, is incorporated by reference Pub. L. 95-507 including flow-down clause requirements concerning small businesses is included by reference. In addition, contractors shall provide, if necessary, assurance of compliance with provisions of Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), Title IX of the Education Amendments of 1972 (Pub. L. 92-318), and the Age Discrimination Act of 1975 (Pub. L. 94-135). The Contractor and Subcontractor shall abide by the requirements of 41CFR 60-300.5(A) and 60-741.5(A). These regulations prohibit discrimination against qualified protected veterans and individuals on the basis of disability, and require affirmative action by covered prime Contractors and Subcontracts to employ and advance in employment qualified protected veterans and individuals with disabilities. Duke is committed to environmental stewardship, and Contractor shall take reasonable steps to minimize negative environmental impact. 1. Contractor shall minimize the amount of packaging and other incidental waste discarded in the course of distributing products and rendering other services. Contractor shall reuse and/or recycle such materials whenever feasible. 2. To the extent possible, Contractor shall opt for materials that do not pose environmental and health risks. 3. When supplying products covered by Energy Star guidelines, Contractor shall supply products that meet these guidelines. Product categories, program details, model listings, and product criteria are available at www.energystar.gov. In all other product areas, Contractor shall supply energy efficient products. 4. Primary Contractors must submit a plan documenting their environmental stewardship efforts. 5. Following Purchase Order/Agreement award, the Contractor is required to maintain records that identify both first and second tier efforts and submit quarterly progress reports.

Duke University and Health System requires vendors to comply with Purchase Order Terms and Conditions, which are posted on our website and include basic, socially responsible terms. Additionally, the following verbiage is included, in some variety, in the RFP language (this is dependent on the commodity being procured): 5. Diversity and Environmental Programs A. Supplier Diversity (Minority/Women Business Enterprise Program) Duke University voluntarily maintains a Minority/Women Business Enterprise Program (MWBE) as part of its effort to increase participation of women and minority vendors. The goal is for a minimum of five percent (5%) of the university’s purchases to come from MWBE firms. This is a goal, not a set-aside or quota. We seek to achieve this goal through primary and second-tier suppliers (suppliers who contract with larger supply companies doing business with Duke). All primary suppliers must submit a plan with their bid, indicating how they intend to use women and minority vendors as their second-tier suppliers. Each plan will be evaluated based on good faith efforts and will consider the following factors: o Availability of women/minority vendors who can supply the goods and services requested in the Request for Bid. o Competitiveness of the prospective second-tier suppliers. Where possible, vendors are encouraged to use second-tier suppliers in close proximity to Duke. The use of local minority and women-owned businesses strengthens our commitment to the local economy. In all cases, however, it is expected that the vendors meet the criteria of price, service and delivery. Supplier diversity will be one, but not the sole, consideration in all contract awards. Ultimately, it will be left to the discretion of the primary supplier as to which second-tier supplier it uses. All minority/women vendors must be certified by one of several agencies: municipal, state, federal, the National Minority Supplier Development Council or Duke. When a contract is awarded, the supplier is required to maintain its second-tier effort and submit monthly reports on its progress. B. Environmental Program Duke University strives to become a leader in environmental stewardship. Toward this purpose, Duke has initiated an Environmentally Preferable Purchasing (EPP) program. Our goals are to minimize waste, reduce pollution, conserve natural resources, and model environmental protection practices within the Duke University and Duke Medicine. For details, see Duke’s EPP Guidelines at http://www.finance.duke.edu/procurement/green/epp.php. With respect to product packaging, Duke seeks suppliers offering: • Packaging with post-consumer recycled content • Packaging that is locally recyclable • Minimized packaging • Packaging reclamation and reuse programs With respect to laboratory supplies, Duke seeks suppliers offering: • Product reclamation and recycling programs • Calibration services that will extend product life • Reusable alternatives to commonly discarded products • Alternatives to mercury and natural latex • Personnel that will seek-out, identify and promote environmentally friendly products through their purchasing system, within the storerooms and throughout the labs • The ability to provide quarterly spend reports with regards to green product purchases • Active participation in Duke’s EPP program, including dissemination of information and collection of recyclable and reusable lab materials upon delivery • An in-house staff that follows the fundamental beliefs stated in Duke’s Environmental Statement, which can be viewed at: http://www.duke.edu/sustainability/documents/Duke Env Policy statement.pdf Duke gives preference to suppliers with a commitment to cost, quality, and environmental excellence. Bidders are encouraged to include concise information on reduced impact products and services. Include relevant certifications of materials sources and manufacturing processes. There is also an Energy Star mandate for appliances, a Computer standardization program / ePeat, and an Office Supply vendor partnership for greater environmental products. exposure