Contracts and Tendering
Standard Contract Condition
A clause covering environmental issues must be inserted into any new County Council contract. The following would be adequate to ensure that County Council policies in relation to the environment should be followed:
The Contractor shall use reasonable endeavours where appropriate to ensure that the Services or Product (as the case may be) are provided or supplied in accordance with the County Council's policies to promote the protection of the Environment. Copies of any relevant documents setting out the County Council's policies in this regard shall be provided to the Contractor upon request.
Where a contract is being drawn up for a particular service or purchase of supplies, in circumstances for example, where the use of the standard terms would be inappropriate, officers should put their minds to considering how environmentally-friendly policies can be introduced without offending against any commercial considerations.
Frequently asked questions relating to public procurement and the environment
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2. Is it possible to ask for process and production methods under the Directives?
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5. How can I use company Environmental Management Systems in my procurement?
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8. Can I request that products or services be supplied using specific methods of transport?
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9. What kind of environmental criteria can I use at the award stage?
Is it possible to adequately take into account environmental considerations under EU public procurement Directives?
There are numerous possibilities for the ‘greening’ of public procurement under the directives. This is particularly so if three guiding principles are followed: non-discrimination, transparency, and thought about where in the tender process environmental elements should be taken into account. Generally speaking, the earlier in the tender process (definition of the subject of the contract, technical specifications) you place environmental considerations, the more is possible. However, the environmental requirement must be relevant to the contract.
Is it possible to ask for process and production methods under the Directives?
You are free under the rules to specify requirements in green terms in the technical specifications of the tender, provided the specifications are non discriminatory and are consistent with the EU Public Procurement Directive’s requirements on the use of European and other standards.
Process and production methods can be requested where these help to specify the performance characteristics of the product or service. This includes both process and production methods that physically affect the end product (e.g. absence of chemicals) and those that do not, but nevertheless affect the nature of the end product, for example organic food, or furniture produced from sustainable timber. It is not possible to require that the factory producing the goods use recycled paper in its office, for example, as this does not relate to the production of the goods.
How can I use Eco-labels in my procurement?
You can use Eco-label criteria to help determine your environmental technical specifications. You can also accept an Eco-label certificate as proof of compliance with those criteria. However, you must also accept other means of proof, you cannot say that you only accept products with an Eco-label certificate.
How can I use company Environmental Management Systems in my procurement?
Environmental Management Systems can be accepted as proof of technical competence where the specific scheme applied has an impact on the capacity of the company to execute a contract with environmental requirements. Other means of proof of technical capacity must also be accepted. It is also possible to require the putting into place of specific Environmental Management Systems for works contracts where there are significant environmental issues to deal with.
How can contracting authorities balance their budgetary constraints and the intention to ‘buy green’?
Although green products will often save money in the longer term, they may have a higher up front cost. If contracting authorities want to make a balance between environmental choices and budgetary restraints, they may define one or more variant options to their ‘basic’ option. In the variants they can define a higher environmental performance. At the end of the tender procedure, contracting authorities can decide which variant best meets their needs.
Can I request that products or services be supplied using specific methods of transport?
Yes - in the contract clauses for the execution of the contract, the means of delivery of the goods can be specified, as long as this does not lead to discrimination. Other possible ways of reducing the environmental impact of transport activities linked to the provision of goods and services, could include requesting that deliveries of goods be made in bulk, or that cleaning products are transported in concentrated form, and diluted at the place of use.
What kind of environmental criteria can I use at the award stage?
Under EU Procurement Directives, only those criteria that have a link to the subject matter of the contract, and give the contracting authority a direct economic benefit can be specified. This could include giving a bonus to products that are more energy efficient, that will last longer, or that will cost less to dispose of. In cases where the environmental aspects do not bring an economic benefit to the contracting authority, these aspects can only be taken into account at the beginning of the tender procedure, where the contracting authority defines the technical requirements of the contract.
Purchasers are allowed to reject candidates who have been convicted of a criminal offence or misconduct in the course of their business; this may include infringement of environmental legislation or regulations.
Examples of environmental questions which may be asked in tender evaluation panels
| Questions | Evaluation | Notes/comments | ||
|---|---|---|---|---|
| Yes | No | |||
| 1 | Has the contractor provided an environmental policy or similar
document? Does this include evidence of support from senior management? Has there been a review of the company’s environmental strategy? |
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| 2 | Has the company provided a list of environmental legislation and regulations that are relevant to the activities outlined in the Specification (including EU directives and guidance)? | |||
| 3 | Has the organisation taken full account of significant environmental
effects that are relevant to the specification? Does the company have a specific policy or action plan relating to managing waste? Does the organisation try to reduce the waste it produces? Does the organisation reuse and recycle waste? |
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| 4 | Has the organisation provided evidence of the environmental risks that
are associated with the activities outlined in the specification? Does it have a specific policy or action plan relating to using transport? Does this include:a system for planning routes;an effective fuel-management system; ormaintenance schedules for vehicles? |
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| 5 | Has the organisation set targets for environmental improvements, for example, buying recycled products and materials? | |||
| 6 | Has the organisation considered an Environmental Management System?
(ISO 14001, EMAS or equivalent) Has it provided details of its proposed action plan? |
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| 7 | Has the company set up a programme for training staff on environmental
issues relating to this contract? Does the company keep a record of all employees who receive training? Does it account for regular updates on environmental issues? |
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| 8 | Within the last three years has your firm: been prosecuted for breaking any UK or EU environmental law; or had any notice served on it by an environmental regulator or authority? If ‘Yes’, please give details |
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