Contract clauses The Central Point of Expertise on Timber Procurement

The UK Government’s timber procurement policy is implemented in practice through contract conditions:

• Supplementary Conditions of Contract

• Variant Specification for Timber from a Sustainable Source

All contracts with Central Government using timber and/or wood-derived products should include the Supplementary Conditions of Contract.

All invitations to tender with Central Government using timber and/or wood-derived products should include the Variant Specification for Timber from a Sustainable Source.

Supplementary Conditions of Contract

1. Definition of Timber2. CITES3. Recycled Timber4. Legal Timber5. Proof of Legal Timber6. Independent Verification7. Proof of Source of Recycled Timber8. Authority’s Right to Reject Timber

Legal timber– Your source

• Reference: UK Government timber procurement policy: Definition of ‘legal’ and ‘sustainable’ for timber procurement document (4.1)

• Evidence submitted shall identify the chain of custody from the forest source through to delivery (5.1)

Legal timber – Responsibilities• All products supplied and used in the

performance of the contract shall be legal timber (4.1)

• Before delivering any timber the contractor shall obtain documentary evidence that it is legal (5.1)

• The Contractor shall maintain records of all timber products delivered to and accepted by the Authority (5.3)

Legal timber – Provision of evidence• Evidence can be requested at any time

during the project and up to 6 years after final delivery (5.2)

• If requested, evidence must be produced within 14 days (5.2)

• If the Authority decides the evidence submitted is not adequate, the Contractor must commission and pay for an independent verification to show legality (6.1 and 6.2)

Legal timber – Non compliance

• If any timber products don’t comply with the contract conditions/specification, the Authority can reject them and an alternate compliant timber shall be supplied at no additional cost and with no delay to the contract completion period (8.1)

Variant Specification

1. Sustainable Timber and wood derived products

2. Sustainable Timber Production Standards

3. Proof of Virgin Timber Origin

Sustainable – Your source

• Reference to UK Government timber procurement policy: Definition of ‘legal’ and ‘sustainable’ for timber procurement document (1.2)

• Management of the source shall be audited at intervals by independent organisations with appropriate forest management experience (2.2)

• The source shall also meet the contract requirements for legal (3.4)

Sustainable – Responsibilities

• 70% (volume/weight) of each category shall be from a sustainable source. A category is supply for a distinct purpose e.g. hardwood window frames, wall panelling, floor joists, furniture, site hoardings, etc. (1.1)

• The contractor shall submit documentary evidence of sustainability to the Authority (3.1)

Sustainable – Provision of evidence• The requirement to provide credible

evidence is as per the Supplementary Conditions of Contract (Variant Specification 3.3): – Evidence can be requested at any time

during the project and up to 6 years after (Supplementary Condition 5.2)

– If requested, evidence must be produced within 14 days (Supplementary Condition 5.2)

– if the evidence is not satisfactory, the Contractor must commission and pay for an independent verification to show sustainable source (Supplementary Conditions 6.3 and 6.4)

Sustainable – Non compliance

• Covered by the Supplementary Condition of Contract– If any timber products don’t

comply with the contract conditions, the Authority can reject them and an alternate compliant timber shall be supplied at no additional cost and with no delay to the contract completion period (Supplementary Condition 8.1)

Contractual Implications

• Some contract requirements can be met by the primary contractor– Records of delivery– 70% sustainable source/category

• Some requirements must be passed down the supply chain:– provision of evidence– Maintaining the appropriate

definition for ‘legal’ and ‘sustainable’ sources in the spec.

An abridged and paraphrased version of the contract conditions has been

presented.

For the complete text of the Supplementary Conditions of

Contract and the Variant Specification for Timber from a

Sustainable SourcePlease visit www.proforest.net/cpet