In designing a contract where biodiversity requirements are to be built in, early market engagement is important to identify the capacity of the market to deliver these. This also makes sure that potential bidders as early as possible that this will form part of the contract requirements.
If suppliers are put on notice in the OJEU notice they will be alerted to look at the contract performance requirements and take an early view on whether they can satisfy the requirements.
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.’
It is good practice to notify suppliers early in the process of particular conditions of the contract and as such this should also be included in the contract notice rather than just in the specification. For example:
‘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].