All business activities are based on and guided by our Mission, Vision, and Values. Our products impact people’s lives and health; and therefore, we hold ourselves and all our suppliers to the highest standards. To that end, we ask all of our suppliers to share in our commitment to high ethical standards by expecting all of our suppliers to acknowledge and adhere to the principles set forth in our Supplier Integrity Commitment.
The Kindeva Supplier Integrity Commitment establishes certain nonnegotiable minimum standards that we ask our suppliers, their employees, agents, and subcontractors (the “Supplier”), to respect and to adhere to at all times when conducting business. It is the Supplier’s responsibility to educate its employees, agents, and subcontractors accordingly. We ask all Suppliers that provide goods or services to Kindeva worldwide, including raw material Suppliers, semi-finished or finished goods, contractors, contract manufacturers, and the like to make this Integrity Commitment.
While Kindeva recognizes that there are different legal and cultural environments in which Suppliers operate, this commitment establishes a framework that Kindeva considers important to our patients, our industry, and our community.
The Kindeva Supplier Integrity Commitment covers the following areas:
- Business Integrity & Ethics
- Intellectual Property, Confidentiality, and Privacy
- Product Quality & Safety
- Non-Discrimination, Diversity, and Inclusion
- Human Rights & Labor
- Health & Safety
- Environment
- Conflict Minerals
- Risk Management
- Training and Competency
- Continual Improvement
- U.S. Government Contracts and Subcontracts
We carefully monitor the adherence to the Supplier Integrity Commitment, and these principles set forth key criterion in our selection and evaluation of our Suppliers. In the event that we become aware of any actions or conditions not in compliance with the Supplier Integrity Commitment, we reserve the right to request corrective actions and the right to terminate any agreement with any Supplier who does not comply with the Supplier Integrity Commitment.
Business Integrity & Ethics
- Suppliers must comply with all applicable laws and regulations, including all applicable import and export controls, sanctions, and other trade compliance laws of the United States and laws of applicable country(ies) where transaction(s) occur. Supplier shall notify us immediately in writing if it discovers any violation or condition which may cause the imminent violation of any applicable laws and/or regulation.
- Suppliers must conduct their business in an ethical manner and act with integrity. We conduct our business consistent with high ethical standards and in full compliance with applicable anti-corruption laws including the U.S. Foreign Corrupt Practices Act and all federal, state, and local anti-corruption and ethics laws in every country in which we do business. We believe that a strong stance against bribery and corruption supports our core values and enables us to achieve our business objectives. We have zero-tolerance for bribery and corruption and are committed to acting ethically, professionally, fairly, and with integrity in all business dealings and relationships. In all its activities, the Supplier must never, directly or through intermediaries, offer or promise any personal or improper advantage in an effort to obtain or retain a business or other advantage from a Third Party, whether public or private. The Supplier also must not accept any such advantage in return for any preferential treatment of a Third Party. This policy applies with equal force to all persons working with, for, or on behalf of us in any capacity, including employees at all levels, directors, officers, agency workers, volunteers, interns, agents, contractors, external consultants, third-party representatives, and business partners, such as distributors, material manufacturers, customs brokers, and other Suppliers.
- Suppliers prohibit their employees and representatives from having any involvement in breaching any applicable laws and regulations that protect free and fair competition.
Intellectual Property, Confidentiality, and Privacy
- Valid Intellectual Property rights shall be respected by all Suppliers. Transfer of technology and know-how shall be done in a manner that protects intellectual property rights. Suppliers shall ensure that all trade secrets and other sensitive business-related data or information of Kindeva or its business partners are kept confidential at all times. Suppliers should safeguard and make only proper use of confidential information to ensure that company, worker, and patient privacy rights are protected.
Product Quality & Safety
- All products and services delivered by the Supplier must meet the quality and safety standards required by applicable law as well as required by any definitive Agreement with any Supplier.
Non-Discrimination, Diversity, and Inclusion
- We are committed to diversity and inclusion, and we encourage our Suppliers to do so as well. The Supplier shall maintain a policy that conforms to the applicable law prohibiting discrimination in hiring and employment practices on the grounds of race, color, religion, sex, age, physical ability, national origin, or any other protected status.
- Kindeva is an equal opportunity employer and a federal contractor or subcontractor. Consequently, Suppliers agree that, as applicable, they will abide by all applicable laws prohibiting discrimination in hiring and employment practices; more specifically Supplier shall comply with the requirements of 41 CFR 60-1.4(a), 41 CFR 60-300.5(a), and 41 CFR 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. These regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status, or disability.
Human Rights & Labor
- Suppliers must support and respect the protection of internationally proclaimed human rights and treat workers with dignity and respect, free of discrimination and harassment. Suppliers shall comply with all applicable labor laws, rules, and regulations, including but not limited to, all laws forbidding the solicitation, facilitation, or any other use of slavery, servitude, forced or compulsory labor or human trafficking, or sex trafficking, as those terms are used in the U.S. laws, California Transparency in Supply Chains Act of 2010, California Civil Code, section 1714.43, the UK Modern Slavery Act 2015, and FAR 52.222-50, Combating Trafficking in Persons. Suppliers shall provide a workplace free of harsh and inhumane treatment, including any sexual harassment, sexual abuse, corporal punishment, mental or physical coercion or verbal abuse and no threat of any such treatment.
- Suppliers must not use forced or child labor.
- Suppliers must respect employee’s rights to join or refrain from organizations. Open communication and direct engagement with workers to resolve workplace and compensation issues is encouraged. Suppliers shall respect the rights of workers, as set forth in local laws, to associate freely, join or not join labor unions, seek representation, and join workers’ councils. Workers shall be able to communicate openly with management regarding working conditions without threat of reprisal, intimidation, or harassment.
Health & Safety
- Suppliers must comply with all applicable health and safety laws and regulations and provide a safe and healthy working environment.
- Suppliers have a health and safety organization that defines, implements, and trains their employees with regard to (i) workers health and protection, (ii) process safety, and (iii) maintenance and emergency response.
- Suppliers protect employees from over exposure to chemical, biological, physical hazards, and provide access to potable water.
- In addition, the Supplier’s facilities must be constructed and maintained in accordance with the standards set by applicable law.
Environment
- Suppliers shall operate in an environmentally responsible and efficient manner with the aim of minimizing adverse impacts on the environment. Suppliers should be committed to conserve natural resources, to reduce their carbon footprint, and to minimize the use of hazardous materials.
- Suppliers shall comply with all applicable environmental laws and regulations and obtain and maintain all required environmental authorizations and permits.
- Suppliers shall have systems in place to (i) ensure safe handling, transportation, and disposal of waste, air emissions, and wastewater discharges and to (ii) prevent and mitigate accidental spills and releases to the environment.
- Suppliers are to adhere to all applicable laws regarding prohibition or restriction of specific substances in products and manufacturing, including labeling for recycling and disposal.
Conflict Minerals
- Kindeva supports responsible sourcing practices, which includes compliance with the Conflict Minerals provision of the Dodd-Frank Act. As a result, Suppliers shall design and implement reasonable processes to ensure all products supplied to Kindeva are “DRC Conflict Free” as defined under Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Risk Management
- Suppliers shall have mechanisms to determine and manage risks in all areas addressed in this document.
Training and Competency
- Suppliers shall have a training program that achieves an appropriate level of knowledge, skills, and abilities in management and workers to address these expectations.
Continual Improvement
- Suppliers are expected to continually improve by setting performance objectives, executing implementation plans, and taking necessary corrective actions for deficiencies identified by internal or external assessments, inspections, and management reviews.
U.S. Government Contracts and Subcontracts
The products purchased from our Suppliers may be used in performance of U.S. Government contracts. Kindeva is committed to the highest standards of business conduct and ethics in obtaining and performing U.S. Government contracts. We expect the same from our Suppliers when providing us with products and services that may be used in the performance of U.S. Government contracts.
- Debarment and Suspension
Absent an extraordinary circumstance approved by cognizant U.S. Government officials, Kindeva will not engage in business activities with individuals or companies that are debarred, suspended, or proposed for debarment or suspension, or otherwise, excluded from award of U.S. Government contracts. Any Supplier must promptly notify us in writing if it is subsequently debarred, suspended, or proposed for debarment or suspension.
- Flow Down
The Government Contracts Addendum including the Federal Acquisition Regulation (“FAR”), or applicable FAR supplement clauses set forth therein, will be incorporated by reference into any agreement with our Suppliers or any purchase order that we issue for the acquisition of products and services.