Supplementary Conditions of Contract

1.       Definition of Timber

 1.1       For the purposes of the Contract Specification ‘timber and wood derived products’ is deemed to include any product that contains wood or wood fibre, with the exception of ‘recycled’ materials (see below). Such products range from solid wood to those where the manufacturing processes obscure the wood element (e.g. paper) Timber and wood derived products supplied or used in performance of the contract that have been reclaimed or re-used are referred to as ‘recycled’ timber which is further defined below. Timber and wood derived products supplied or used in performance of the contract that are not recycled are referred to as ’virgin’ timber when the distinction needs to be made for clarity.

 2.       Convention on International Trade in Endangered Species 

          (CITES)

 2.1       The Contractor shall ensure that no virgin timber or wood derived products it procures for supply or use in performance of the contract shall have derived from any species of tree that is protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) unless the supplier can prove, by producing official documentation, that he has complied with the CITES requirements that permit trading in the particular species of tree so listed under that Convention.

 3.        Recycled Timber

 3.1         ’Recycled timber’ in the context of this Contract means recovered wood that prior to being supplied to the Authority had an end use as a stand alone object or as part of a structure. . The terms ’recycled’, ‘reclaimed’ and ’re-used’ are used interchangeably and cover the following categories: pre consumer recycled wood and wood fibre or industrial by products but excluding sawmill co-products (sawmill co-products are deemed to fall within the category of virgin timber), post consumer recycled wood and wood fibre and drift wood.

 4.       Legal Timber

 4.1.      All timber and wood derived products procured by the Contractor for supply or use in performance of the contract shall be Legal Timber. The term ’Legal Timber’ in the context of this Contract Condition refers to the timber from a forest that meets the requirements set out in the document titled “UK Government Timber Procurement policy- Definition of ‘legal’ and ’sustainable’ for timber procurement” (available from the Authority on request and visible on the UK Government authorised Central Point of Expertise on Timber web site). The edition current on the day the Contract is awarded shall apply. In summary, the organisation or body that felled the trees and provided the timber from which the wood supplied under the Contract derived shall have had legal use rights to the forest, complied with all relevant local and national laws and codes of practice including environmental, labour and health and safety laws and paid all relevant royalties and taxes.

5.         Proof of Legal Timber

 5.1         Before delivering any timber or wood product under this contract, the Contractor shall obtain documentary evidence that the timber and wood derived products is ‘legal timber’. If requested in writing by the Authority, the Contractor shall submit such documentary evidence to the Authority either prior to delivery or at such other times as the Authority may require. The Contractor shall identify, as part of the evidence submitted, a chain of custody from the forest source of the timber or wood product through to delivery of the final product.

 5.2       The Authority reserves the right at any time during the execution of the Contract and for a period of 6 years from final delivery under the Contract to require the Contractor to produce the evidence required for the Authority’s inspection within 14 days of the Authority’s written request.

 5.3       The Contractor shall maintain records of all timber and wood derived products delivered to and accepted by the Authority [as detailed on the Form described in the Contract Specification – delete if not applicable]. Such information shall be made available to the Authority if requested at any time.

 6.       Independent Verification

 6.1.      The Authority reserves the right to decide whether the evidence submitted to demonstrate legality is adequate to satisfy the Authority that the timber or wood product is ‘legal timber’. In the event that the Authority is not so satisfied, the Contractor shall, on written request by the Authority, commission and meet the costs of an ‘independent verification’ and report that will (a) verify the forest source of the timber or wood and (b) assess whether the source meets the criteria for legality as defined in Clause 4 of this Supplementary Condition).

 6.2       In this Contract ’Independent Verification’ means that an evaluation is undertaken and reported by an individual or body whose organisation, systems and procedures conform to ISO Guide 65:1996 (EN 45011:1998) General requirements for bodies operating product certification systems or equivalent: and who is accredited to audit against forest management standards by a body whose organisation, systems and procedures conform to ISO 17011: 2004 General Requirements for Providing Assessment and Accreditation of Conformity Assessment  Bodies or equivalent.

 6.3       Where the Contract Contractor promises to deliver ‘sustainable’ timber, as defined in the Variant Specification for Timber from a Sustainable Source, and to submit evidence to demonstrate compliance, the Authority reserves the right to decide whether the evidence of timber production is sufficient to satisfy the Authority that the specification has been fully complied with. In the event that the Authority is not so satisfied, the Contractor shall, on written request by the Authority, commission and meet the costs of an ‘independent verification’ and report to (a) verify the forest source of the timber or wood products and (b) assess whether the source meets the criteria for sustainability (as defined in the UK Government Timber Procurement policy: Definition of legality and sustainability edition current on the day the Contract is awarded

 6.4       In this context ’independent verification’ has the same meaning as defined in section 6.2.

 7.       Proof of Source of Recycled Timber

 7.1.      The requirements of Conditions 5 and 6 for documentary evidence and independent verification shall also apply to recycled timber except that tracking shall be back to the previous use, not the forest source.

 8.       Authority’s Right to Reject Timber

8.1       The Authority reserves the right to reject any timber or wood derived products that do not comply with the provisions of these Conditions or the Contract Specification. Where the Authority exercises its right to reject any timber, the Contractor shall supply alternative timber, which does so comply, at no additional cost to the Authority and without causing delay to the Contract completion period.