The clauses and Key Performance Indicators (KPIs) within this annex should be read in conjunction with the Commissioning and Pre-procurement, and Procurement guidance.
Any conditions, clauses and KPIs included 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 conditions have been met.
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 harmful emissions, which are relevant to the products/services to be delivered.’
‘A requirement of this contract is that all cleaning products and chemicals used in the performance of the services meet the mandatory level of the Government Buying Standard (GBS) for cleaning as a minimum.’
‘The requirements of the relevant EU Ecolabel criteria shall be met in full by those products which fall within their scope.’
This condition will alert potential suppliers to the requirements and raise awareness of other sustainability requirements contained within the GBS.
‘The Contract/Framework Agreement supports the Scottish Government's National Performance Framework, and the National Outcomes which articulate the Government's Purpose ‘To focus Government and public services 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 - see above].
Where the level of potentially hazardous material use is both relevant and proportionate it would be appropriate for example to ask tenderers:
‘How will you reduce and eliminate harmful emissions to the environment and prevent exposure to employees and citizens in the performance of this [contract / framework].’
To assess the capability of suppliers in understanding the relevant issues and working to minimise both energy and resource use and associated carbon emissions the following could be asked:
1. Detail your understanding, experience and achievements in cost-effectively providing [insert service] services that minimise the use of hazardous materials and reduce the whole life costs of the contract delivery.
2. Detail your understanding, experience and achievements in communicating to your employees the importance of safely handling potentially hazardous materials and the use of COSHH datasheets.
An ideal response would provide the following:
1. Evidence of having achieved a reduction in the use of hazardous materials for clients using effective alternative products.
2. Evidence of providing methods of safety training or guidance amongst service users with a particular focus on waste products and disposal.
3. Evidence of providing health and safety training to employees; including COSHH and requiring good practice.
An example below can be used in a specification to highlight the technical requirement to meet sustainability criteria for volatile organic compounds (VOC) used in production and surface treatments. It is important to establish that the market for a particular product can meet these requirements before incorporating them; the GBS criteria have been tested against market capabilities.
‘The VOC content of adhesives used in the assembly of furniture shall not exceed 10% by weight.’
‘Formaldehyde emissions from agents for surface treatment liberating formaldehyde must be less than 0.1ppm formaldehyde in the final product.’
‘The contractor is required to demonstrate how the production process of the product will be delivered to minimise hazardous emissions being released.’
‘The contactor is required to demonstrate how the life cycle of the product will be mitigated to ensure minimisation of hazardous waste materials to landfill.’
‘Detail how you will ensure that relevant safety labels are properly displayed on products used by employees during the delivery of this [contract / framework].’
‘Detail how you will ensure that potentially hazardous products used by employees during the delivery of this [contract / framework] will be properly stored and secured when not in use.’
‘Where possible non-hazardous materials should be used throughout the supply chain and in all workplaces.’
‘All employees are required to be trained in handling and safety procedures. They should have ready access to personal protection equipment, at the relevant and appropriate level for the materials they handle.’
‘Appropriate monitoring of the air and environment for hazardous substances in the workplace, with adequate monitoring equipment.’
‘Safety labels on cleaning chemicals should be noted and used in appropriate dilution.’
Relevant criteria may also be found in the Government Buying Standards guidance (GBS), the criteria of which can be used to identify the least harmful products.
‘Please describe your approach to environmental sustainability, including details of any specific steps that will be taken to reduce harmful emissions and reduce any other detrimental environmental impacts during the lifetime of this contract.'
‘Please describe how you will manage your environmental impacts detailing any environmental good practice systems, including ISO 14001, or EMAS, or equivalent which will form part of your business practice under this contract.'
An environmental management system is likely to only be relevant in the procurement of some services. Its requirement should be proportionate according to the market and the scope of services required, and you must be prepared to accept an equivalent to a system accredited to ISO14001 or EMAS.
Rather than asking for a specific standard buyers must identify the elements of these standards and decide what is relevant to their organisation and the particular procurement. It is then essential that suppliers are notified of which elements they will be evaluated on. This will provide good evidence of their professional and technical ability – particularly where ‘sustainability’ is a desired outcome.
‘Please provide a copy of your Environmental Policy and highlight how it relates to the reduction of harmful emissions in your products and/or services delivered under this contract.
‘Please provide a copy of your Environmental Policy and explain how it relates to the reduction of hazardous waste produced in the products and/or services which are provided under this contract.
Contractors will be expected to have appropriate workplace policies in place and to comply with them in the delivery of this contract to minimise, and where practical eliminate contact by their workers with dangerous materials. Please describe your approach which may for example include:
Answers need not be constrained to, or be reflective of, any examples given alongside this question.
Where the consideration of hazardous materials and emissions 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). This may include the monitoring of ‘before and after enhancement’ status.
Depending on the subject matter of the contract, relevant KPIs may include:
