IISD Model Contract Clauses for Responsible Investment in Agriculture:

Customizable legal provisions to help implement international best practices, principles, and guidance on responsible agricultural investment

37. Local Sourcing

 

37.1 When purchasing goods and services related to the Project, the Company shall give first preference to goods produced in the Host State and services provided by natural or legal persons which are, or which are controlled by, [members of the Local Community]/ [Citizens or Residents of the Host State] (the Local Goods and Services), subject to technical acceptability and availability of the relevant goods and services. The Company shall further give preference to Local Goods and Services supplied by [women]/[Indigenous Peoples].

37.2 The Company shall include in each contract for the procurement of goods or services in relation to the Project with a monetary value of [insert amount and currency] or more, a provision requiring the other contracting party to comply with the requirements of this Section, and to require any of its subcontractors to comply with the requirements of this Section.

37.3 The Company shall endeavour, where practicable, to divide large contracts for the procurement of goods and services into smaller contracts to facilitate suppliers of Local Goods and Services to bid for those contracts. To facilitate the Company’s compliance with the provisions of this Section, the Authority shall, in a transparent manner and in consultation with the Local Community, prepare a list of suppliers of Local Goods and Services that further identifies women suppliers.

37.4 The Company shall provide, in a publicly assessable format and in local languages, information about upcoming tenders for goods and services in relation to the Project to prospective suppliers of Local Goods and Services. The Company shall strive to disseminate information on the bids through media and forms of communication known to be used by women.

37.5 The Company shall report annually on the value of Local Goods and Services procured for the purposes of the Project, which shall specify the value of Local Goods and Services procured from [women]/[Indigenous Peoples].


For more information: See generally IISD, 2014, Section 8.4 (Local Business Development Plan); ISLP & CCSI, 2016, Section 2.13.3 (Local Employment and Local Procurement); UNIDROIT & IFAD, 2021, Chapter 4.II.C (Local Content and Processing); Aizawa & Mann, 2021, Section 4.4 (Maximise Opportunities for Local Economic and Social Development).

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