Contract clauses

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Contract clauses

• The Central Point of Expertise on Timber
  Procurement

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• The UK Governments timber procurement policy is
  implemented in practice through contract
  conditions
• Supplementary Conditions of Contract
• Variant Specification for Timber from a
  Sustainable Source

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• 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.

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Supplementary Conditions of Contract

• 1. Definition of Timber
• 2. CITES
• 3. Recycled Timber
• 4. Legal Timber
• 5. Proof of Legal Timber
• 6. Independent Verification
• 7. Proof of Source of Recycled Timber
• 8. Authoritys Right to Reject Timber

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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)

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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)

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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)

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Legal timber Non compliance

• If any timber products dont 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)

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Variant Specification

• 1. Sustainable Timber and wood derived products
• 2. Sustainable Timber Production Standards
• 3. Proof of Virgin Timber Origin

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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)

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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)

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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)

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Sustainable Non compliance

• Covered by the Supplementary Condition of
  Contract
• If any timber products dont 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)

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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.

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• 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 Source
• Please visit www.proforest.net/cpet