Integrating Responsible Business Conduct in Public Procurement

Costa Rica

1. Policy

The Costa Rican National Policy on Sustainable Procurement includes the following RBC objectives – additional frameworks apply, depending on the RBC objective:

Environment

This aspect is also included in the Technical standards for sustainable government procurement.

Human rights

The Government of Costa Rica signed the International Labour Organization’s Convention № 105 regarding the abolition of forced labour.

Labour rights

The Government of Costa Rica signed the International Labour Organization’s Convention № 0094 regarding the respect of labour clauses in public contracts. In addition, the Guidelines on social criteria in government procurement processes include various elements of this objective. Law № 7 739 on Childhood and Adolescence in Chapter VII regulates a special regime for the protection of adolescent workers. Furthermore, Executive Decree 29220-MTSS sets forth a regulation on hiring and occupational health conditions of adolescents.

People with disabilities

This objective is regulated by several additional policies, including Law № 7 600 on Equal Opportunities for People with Disabilities, Law № 8 661 Convention on the Rights of Persons with Disabilities, Law № 8 662 on Inclusion and Labour Protection of People with Disabilities in the Public Sector, Law № 7 092 on Income Tax and the Guidelines on social criteria in government procurement processes.

Moreover, Costa Rica’s National Policy on Disability promotes the establishment, review, strengthening and improvement of incentives, tax exemptions and public procurement aimed to promote the creation and offer of employment contracts for people with disabilities.

Minority considerations

The Guidelines on social criteria in government procurement processes include a regulation on discrimination based on age, sex, disability, health, ethnicity and religion, which is consistent with this objective.

Gender considerations

The Guidelines on social criteria on government procurement process promote dispositions to avoid discrimination based on gender.

Integrity

Both Law № 8 422 against Corruption and Illicit Enrichment in Public Service and Law № 7 494 on Public Procurement regulate integrity in the public sector.

Strategic frameworks

• National strategy to replace single-use plastics

2. Implementation

Tender phase

• According to the Law № 8 839 on Integral Waste Management, contracting authorities must give an additional score of 20% in the qualification for any bidders who, under equal conditions, demonstrate that their products comply with waste management requirements.

• According to Law № 6 727 on Labour Risks, contracting entities cannot award contracts to contractors or suppliers that have not presented valid insurance against occupational hazards.

• Law № 17 on the Constitution of the Costa Rican Social Security Fund states that bidders must be up to date with the payment of their social contributions with the Costa Rican Social Security Fund in order to participate in any public procurement process.

3. Good Practices

• The Costa Rican Executive Decree № 39310- MH - MINAE - MEIC - MTSS “National Policy for Sustainable Public Procurement and Creation of the National Steering Committee for Sustainable Procurement“ (CDNCS) intends to stimulate, through purchasing authorities, innovative goods and services. It also takes into account the best economic, environmental and socially responsible performance. A study by the Inter-American Development Bank, Organization of American States and Intern-American Network on Government Procurement (INGP) on the work of the Committee is available in the following link.

• The Government of Costa Rica has been issuing guidelines to raise awareness of good procurement practices, like the Green Public Procurement Guidelines. In addition, the government offers training to help procurement officials use digital tools more efficiently. In 2018 for example, 143 public officials were trained in the use of the MECS tool.