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The environmental challenge

The environment is a key feature on the agenda of every major political party. This is clear from the raft of guidance and consultation papers which have proliferated recently.

This vast and increasing amount of information presents a daunting challenge to organisations wishing to undertake environmentally sustainable procurement.

The solution

We can help you deliver the implementation of auditable 'green' procurement and sustainable development, with particular focus on minimising the carbon footprint.

Our approach is to work with you in four key areas:

1. Assessing the costs and benefits of green procurement
2. Implementation: how it works
3. Guidance on the important sources of information relating to green procurement, focusing on the tender phase of your development and specification
4. Specific contract amendments to your building contract and the contracts with your design team to translate the guidelines and principles into contractually enforceable obligations.
   

We have seen how this approach can work successfully and, more importantly, where problems have occurred because the legal status of environmental provisions were not considered.

We would like to share our experiences with you and provide practical, tailored advice to help you achieve your objectives.

To discuss your requirements, please contact:

Dominic Lacey on 0845 497 2574 or Tom Douglas on 0845 497 2604

Issues to consider

The benefits of green procurement

1. Cheaper buildings in the long term
2. More saleable asset that maintains its market value for longer
3. Ability to future proof the development's energy requirements

Costs

The design period for sustainable buildings is often longer and such buildings may take longer to build. However, this does not necessarily mean it will cost more. Eversheds' approach is designed to minimise costs.

Setting deliverable goals and objectives

We will work with you to consider the schemes that are available and show you how the relevant schemes complement existing legislative environmental standards and where they exceed them. We will then help you to adapt the relevant scheme's requirements to suit your particular development.

Specifying objectives

We will consider your aims (eg achieving a specific BREEAM rating, becoming carbon neutral, reducing the impact of construction waste on the environment, etc) and help ensure these are clearly reflected in your Employer's Requirements and are carried through into the contract amendments.

Tender process/European Procurement Regulations

When embarking on a sustainable development it is crucial to ensure that your aims are communicated fully to the project team from the outset.

In the case of a public sector body, your aims and deliverables should be set out clearly in the relevant notices to be published in the Official Journal of European Union. We will assist with the drafting of these notices to set up this framework at the right stage.

Contract amendments

We have developed a set of contract amendments that can be adapted to fit whatever method of procurement you have chosen. They will provide you with a clear audit trail to show that due consideration has been paid to the principles of sustainable development and that you have considered the long-term impact of your development on the environment.

Without specific and focussed amendments there is a risk of simply paying lip service to the goals of sustainable development.

Guidance

The following documents and guidance are shaping the UK approach to green procurement. This list is not exhaustive but reflects the general trends:

• The Public Contracts Regulations 2006 (SI 2006/05)
  visit: www.opsi.gov.uk
• The Utilities Contracts Regulations 2006 (SI 2006/06)
  visit: www.opsi.gov.uk
  These regulations implement the 2004 procurement directives and go some way to recognising the importance of environmental matters in public procurement. Most of the development in this area is through the case law of the European Court of Justice.
• Securing the Future (2005)
  visit: www.sustainable-development.gov.uk
  The UK Government launched its strategy for sustainable development, ‘Securing The Future', in conjunction with a Strategic Framework in March 2005.
• BREEAM
  visit: www.breeam.org (The Building Research Establishment's Environmental Assessment Method)
  The most widely recognised measure of sustainability for construction projects. It allows clients, developers and the supply chain to achieve particular ratings for whole buildings.
• ECO Homes/ Code for Sustainable Homes
  visit: http://www.breeam.org/page.jsp?id=86  

Contact us

For assistance, please call Dominic Lacey on 0845 497 2574 or Tom Douglas on 0845 497 2604.