Last Edit: June 2024
1. IntroductionACT Power Services, LLC (“ACT”) is committed to enabling a sustainable future by ensuring renewable energy facilities are operated with a focus on safety, reliability, and value creation. This requires ACT and its affiliates to conduct business activities with honesty and integrity and in compliance with applicable legal and regulatory requirements. ACT expects anyone who provides goods or services directly or indirectly for ACT (“Vendors”) adhere, at a minimum, to the same commitment to ethical business practice as set out in this Vendor Code of Conduct (“Code”), and to have the necessary policies and procedures in place to support such commitments within their supply chain.
If you have any questions regarding this Code, please contact us at Vendor@actpowerservices.com.
2. Legal and Regulatory ComplianceACT has business activities across the nation and is subject to the supervision of numerous regulators. ACT expects all Vendors to:
a. Understand and comply with applicable laws and regulations.
b. Maintain all appropriate licenses, permits and other regulatory authorizations and requirements necessary to conduct the activities for which they have been hired by ACT.
3. Environmental, Social, and Governance ACT encourages our Vendors to:a. Have appropriate policies and programs to maintain good relationships with local communities, stakeholders, and Indigenous communities.
b. Have strategies in place to reduce their environmental impact, including measuring, reducing, and, as may be requested by ACT or required by law, reporting greenhouse gas emissions.
c. Use resources responsibly and conduct operations with the aim to protect and preserve the environment. As appropriate, Vendor facilities must have suitable plans for notifying local authorities in the case of accidental discharge or release of hazardous materials or any other environmental emergency.
4. Integrity, Ethics and Anti-CorruptionACT has a zero-tolerance approach towards illegal activities, including bribery and corruption, money laundering, tax evasion, and export control violations and views the prevention of ACT being involved in, or facilitating, any illegal activities as integral to its business.
ACT has in place an anti-bribery and anti-corruption policy designed to prevent employees from paying or receiving bribes or undertaking corrupt activities. We expect our Vendors to share these principles and uphold our standards and to develop and maintain policies and programs as appropriate to ensure their representatives understand and adhere to these standards. ACT expects all Vendors to:
a. Comply with all applicable anti-bribery, anti-corruption, and anti-money laundering laws.
b. Comply with all applicable competition and antitrust laws.
c. Refrain from offering or making any payments of money or anything of value to any public officials, political parties, candidates for public office, charities, or other business-related parties which could be considered an attempt to improperly influence any act or decision of such official or person for the purpose of promoting the business interests of ACT in any respect, or otherwise in violation of applicable law. This includes a prohibition on “facilitation payments” of any kind. 1
d. Refrain from entering into business relationships or transactions with ACT personnel in an individual capacity or in any way which could create the appearance of a conflict of interest or impropriety.
e. Disclose to ACT and avoid any actual or potential conflicts of interest arising due to either personal or business relationships.
f. Deal fairly and honestly in their activities by behaving in an ethical manner and not take unfair advantage of anyone through manipulation, concealment, abuse of privileged information, misrepresentation of facts, or any other unfair practice.
g. Comply with all applicable tax laws and refrain from knowingly facilitating a person committing fraudulent evasion of tax.
h. Confirm neither they nor any related company (including parent companies) have been: (i) named or listed as the target of any economic, trade, or transactional sanctions imposed by any governmental agency; or (ii) otherwise banned or blocked pursuant to any laws which are enforced or administered by any governmental agency and promptly inform ACT if this changes.
i. Comply with all applicable trade restrictions and sanctions laws, and not knowingly employ or do business with anyone suspected of being connected with criminal or terrorist activities or who is the subject of applicable trade sanctions.
5. Responsible Labor PracticesACT respects and supports human rights and requires workers be treated with dignity, respect, and in accordance with applicable laws. ACT expects our Vendors to respect human rights and maintain processes to identify and prevent adverse human rights impacts including modern slavery and human trafficking which could arise from their or their suppliers’ operations. ACT expects Vendors to:
a. Provide a safe and secure workplace for employees, contractors, and representatives which complies with all applicable health and safety laws, regulations, and practices.
b. Provide fair compensation, fair benefits, overtime pay, time off, breaks, leave, and holidays in the context of local market factors which, at a minimum, comply with applicable laws and regulations, including those pertaining to withholding taxes, minimum wage, labor relations, insurance, and health and occupational safety. Wage deductions will not be used as a disciplinary measure.
c. Provide training as necessary to ensure personnel have the required skills and certifications to perform the assigned work.
d. Adhere to age-related standards set by the International Labor Organization and not use child labor or any form of forced2 or involuntary labor, human trafficking, slavery, or servitude.
e. Provide workers with clear, documented employment terms and not withhold workers’ documentation including identity or immigration documents.
f. Respect freedom of movement allowing workers to voluntarily terminate their employment upon reasonable notice without penalty.
g. Provide a workplace free from discrimination and harassment, whether on the basis of gender, age, disability, ethnicity or cultural affiliation, sexual orientation, belief, educational background, or any other basis prohibited by applicable law.
h. Respect the right for freedom of association unless restricted by law, without fear of discrimination or reprisal.
6. Workplace Health & SafetyACT expects its Vendors to assess potential hazards to its workers and provide a workplace which seeks to prevent injury and ill-health and, at a minimum:
a. Provide and maintain a clean, safe, and healthy working environment which complies with applicable laws, directives, and regulations, and minimizes occupational hazards. Working conditions must include, to the extent reasonably available, access to sanitary facilities, fire exits, potable water and sanitary food preparation, storage and eating facilities, and adequate lighting and ventilation.
b. Ensure any Vendor-provided residential spaces comply with all building codes, are sanitary and safe, and equipped with adequate emergency egress, lighting, heat and ventilation, hot water for bathing, and reasonable personal space and entry/exit privileges.
c. Obtain, keep current, and comply with all required health and safety permits.
d. Eliminate or control potential hazards through design, engineering, administrative controls, preventative maintenance, and/or safe work procedures. When this is not possible, protect worker health through appropriate personal protective equipment programs.
e. Implement procedures and related measures designed to prevent injury to workers, including providing adequate work training and personal protective equipment as appropriate and safeguards against infectious disease.
f. Provide workers with appropriate workplace health and safety training in their language (or a language the worker can understand) for all identified workplace hazards which may be encountered in the course of their work.
g. Post required health and safety information in the work facility or a location identifiable and accessible by all workers including virtually.
h. Maintain reporting systems for workers to document, track, and report health and safety hazards, incidents, and occupational injuries, and encourage workers to raise safety concerns without fear of retaliation or reprisal for so doing.
i. Enforce workplace health and safety rules, and promptly and suitably address workplace health and safety-related deficiencies, hazards, or risks.
j. Promptly inform ACT of any health and safety incidents which occur while performing services for, or delivering goods to, ACT or its clients.
7. ConfidentialityVendors will protect personal, proprietary, and confidential information (“Confidential Information”), including information they access, receive, or process on behalf of ACT and its clients. Vendors must adopt and maintain processes to provide reasonable protections for such information and a degree of care which would apply to Vendor’s own confidential information, but in any event, a reasonable degree of care.
8. Data Protection and Information SecurityThe safeguarding of ACT Confidential Information and privacy is of paramount importance to ACT. ACT expects Vendors to:
a. Comply with applicable laws and regulations, including those relating to the data protection, privacy, security or the processing of personal data and information (“Global Data Protection Laws”) and not take any action which would prevent ACT from complying with its obligations there under.
b. Maintain appropriate administrative, technical, organization and physical safeguards in accordance with an industry recognized information security framework and information security policy to preserve and protect ACT Confidential Information.
c. Vendors must notify ACT immediately of any privacy breaches, security breaches, or loss of ACT Confidential Information and work in good faith with ACT to respond to and remedy the breach and/or loss of ACT Confidential Information.
9. Business Continuity and Disaster RecoveryWe expect our Vendors to have adequate business continuity and disaster recovery plans in place designed in accordance with industry standards to maintain continuity of services to a reasonable degree after the occurrence of an event that results in an interruption or suspension of services.
10. InsuranceVendors will maintain all required insurance coverage needed to provide services to ACT. Vendors will upon request promptly provide documentation to ACT which demonstrates such insurance coverage is in place.
11. No PublicityVendors will not use any of ACT, its affiliates’, or its clients’ name, property, marks, or other proprietary trademarks in any public or promotional materials without the prior written consent of ACT.
12. Concern ReportingACT maintains an environment for its employees, Vendors, partners, and various other interested parties that encourages reporting any concerns or raising any issues free of discrimination, retaliation, or harassment pertaining to (i) accounting, auditing, or other financial reporting irregularities; (ii) unethical business conduct (including safety, environment, conflicts of interest, theft, and fraud); or (iii) violations of applicable law. To report concerns, an email may be sent to HR@actpowerservices.com and/or Legal@actpowerservices.com. ACT will reasonably investigate all reports in compliance with applicable laws or as it otherwise deems necessary.
13. Compliance with this Vendor Code of ConductVendors will ensure their personnel, contractors, agents, and other representatives understand and comply with this Code. We expect our Vendors to share our commitment to the minimum standards and principles in this Code and to have their own internal policies and procedures in place to support and monitor their compliance with such commitment. ACT reserves the right to monitor, assess, and audit all Vendors according to this Code. ACT expects Vendors will:
a. Promptly notify ACT as soon as it becomes aware of any actual or suspected breach of this Code.
b. Ensure the contents of this Code are additional to and do not in any way affect or prejudice any of ACT’s rights and remedies under any applicable agreement with Vendors. In the event of any non-compliance with the requirements of this Code or breach of any applicable agreement, ACT reserves its rights and retains the sole discretion to exercise any rights under this Code, any relevant agreement and/or local laws and regulations. The failure or omission by ACT to insist upon strict performance and compliance with any provision of this Code shall in no way constitute a waiver of its right to do so.
c. Cooperate with ACT to ensure its compliance with applicable laws and regulations. This includes responding to ACT’s reasonable requests for information, maintaining adequate documentation of compliance programs and obtaining compliance certifications as reasonably requested.
d. In the event of any conflict or ambiguity between any provision of this Code and the provisions of any relevant agreement with any Vendor, the provisions of that agreement will prevail.
e. This Code is subject to modification from time to time at the sole discretion of ACT. The latest version of this Code is available www.actpowerservices.com/vendorcode.