1.2.1 Identify Constraints
The procuring organization needs to methodically identify all legal, regulatory, or other constraints that will impact on the proposed procurement. Project-specific labour agreements may need to be negotiated with key trade unions or labour representatives.
Examples of international bodies, agreements and treaties related to nuclear energy, trade and internal projects include:
- International legal instruments compendium (from IAEA)
- UN Commission on International Trade Law (UNCITRAL)
- World Trade Organization (WTO)
- Financing institution procurement requirements
- North American Free Trade Agreement (NAFTA)
- International Labour Office (ILO) (labour laws, multinational enterprises, industrial health and safety etc.)
- Export credit agency financing requirements
- National legislation or policies governing purchasing (e.g. promotion of small and medium enterprises, poverty alleviation, job creation, local economic development, business equity, HIV-Aids prevention, skills development, construction industry development, quality standards, environmental standards, sustainability etc.; see Section 4.4 of ISO 10845-1 on secondary procurement policies)
- The overall objectives, principles, procedures, accountabilities, legislation and guidelines that the procuring entity is required to follow as documented within the procurement system framework.