Below are examples of wording that can be used for this purpose:
‘The contracting authority has included obligations within the specification and contract conditions relating to the impact on biodiversity, which are relevant to the products/services to be delivered.’
‘A requirement of this contract is that a planned tangible positive impact is made to enhance the biodiversity of the area in which the service is delivered.’
This condition will obviously place an onus not only on the supplier but also on the contracting authority to assess and monitor the impact made to evidence that this condition has been met.
‘The contract/framework agreement supports the Scottish Government's National Performance Framework, and the National Outcomes which articulate the Government's Purpose ‘To focus on creating a more successful country with opportunities for all of Scotland to flourish through increased wellbeing, and sustainable and inclusive economic growth.’ This framework supports the following National Outcomes, and contractors are expected to support the authority’s aim to achieve these.' [Insert relevant National Outcomes].’
To assess the capability of suppliers in understanding the relevant issues and working sympathetically in areas sensitive to harm:
‘In answering question 4C.1 please detail your understanding, experience and achievements in cost-effectively providing [insert service] services that minimise the harm and maximise the enhancement of biodiversity.’
‘In answering question 4C.1 please detail your understanding, experience and achievements in providing alternative products or materials to reduce adverse biodiversity impacts for a similar project.’
An ideal response would provide the following:
1. Evidence of having reduced adverse impacts or made improvements for clients.
2. Evidence of having reduced adverse biodiversity impact for clients using alternative products / materials and providing recommendations for changes / adaptations to reduce adverse impacts in a cost-effective way.
In relation to the delivery of a service, the following clause could be used:
‘The contractor is required to demonstrate how the service will be delivered to minimise the harm and maximise the enhancement of biodiversity. ‘This will include the identification and assessment of biodiversity risks and relevant measures applied to mitigate those risks and other measures that may be applied to enhance biodiversity, where practicable, including how they may be objectively monitored.’
The contractor is required to manage their deforestation risk through adopting and implementing sustainable public procurement policies across commodities which are known to be high risk that will be used in the delivery of this contract. For example, timber, palm oil, animal feed. This must enable the contractor to check and ensure authenticity of products.
The contractor will be required to have documentary evidence to show the timber supplied under this contract is from legal and sustainable sources.
If the buyer wishes to ensure that the biodiversity of fish species is protected, the following wording can be used to highlight the requirement to meet sustainability criteria.
‘All fish are to be demonstrably sustainable with all wild-caught fish meeting the FAO Code of Conduct for Responsible Fisheries (includes Marine Stewardship Council certification and Marine Conservation Society ‘fish to eat’)’
To protect native plant species within a grounds maintenance service contract the following could be used:
‘All products and services procured under this contract should comply with the Non-Native Species code of practice’.
The following example relates to gardening practices:
The contractor must carry out gardening practices to enhance biodiversity that may involve a combination of the following:
The Facilities Services Management Contract for the Scottish Government Estate included contractual requirements relating to biodiversity as follows:
Where the sustainability of product or material content is both relevant and proportionate the following questions may be helpful:
'Please describe your approach to environmental sustainability, including details of any specific steps taken in the design and manufacture of services [construction services] to protect and/or enhance biodiversity of the immediate vicinity of the services which are the subject of this tender.’
‘Please describe how you manage your environmental impacts detailing any environmental good practice systems, including ISO 14001, or EMAS, or equivalent which form part of your business practice.'
‘Please provide a copy of your Environmental Policy and highlight how it relates to the enhancement of biodiversity in the [products/services] which are the subject of this tender.
‘Please provide a copy of your Environmental Policy and highlight how it relates to protecting and enhancing the biodiversity of the immediate vicinity of the construction services which are the subject of this tender.’
‘Please describe the system/s you have in place which demonstrates an on-going and systematic approach to identifying and managing your nature-related risks and opportunities relevant to this contract. This may include policy, roles and responsibilities, objectives, targets and programmes, risk management, training and awareness, communications, documentation and procedures, supply chain management, and monitoring and reporting.
Where biodiversity is core to the contract, it may be appropriate to establish or require a baseline (for example within 6-12 months of start of the contract). According to the subject matter of the contract, these may include the monitoring of ‘before enhancement’ biodiversity status.
Depending on the subject matter of the contract, relevant KPIs may include:
At contract award there is always the opportunity to reach a voluntary agreement with the supplier that they will work with you to deliver agreed biodiversity outcomes that can be captured as a contract commitment.
