Guidance

Timber procurement advice note (TPAN) (7th edition)

Updated 26 November 2025

1. Introduction

1.1. Purpose

This ‘Timber Procurement Advice Note, 7th edition, 2025’ (referred to hereafter as the Note) informs central government departments in England, the wider public sector and also suppliers about the requirements of the UK government’s Timber Procurement Policy (TPP). Devolved administrations in Scotland, Wales and Northern Ireland have issued their own policies and guidance.

This Note sets out what the TPP means for each stage of the public procurement process when purchasing timber and wood-derived products, explains the types of evidence which demonstrate compliance with the ‘UK government Timber Procurement Policy, Definition of Legal and Sustainable for Timber Procurement’, referred to hereafter as ‘Definition of Legal and Sustainable’) and provides model text which can be used in technical specifications, invitations to tender (‘ITTs’) and contract clauses.

Detailed advice on how to gather and assess evidence is provided in separate practical guidance documents listed below:

• Criteria for evaluating forest certification schemes (Category A evidence)

• Checklist for checking category A evidence (Annex E in this document)

For suppliers who are not supplying Category A evidence:

• Category B Framework for Evaluating Category B Evidence
• Category B Practical Guide to Supply Chain Information
• Category B Practical Guide to Forest Source Information

1.2. Changes to the timber procurement advice note – 7th edition

Changes have been made to ensure that the UK TPP is aligned with the UK Timber Regulations (UKTR) which came into force on 1 January 2021. The definition of ‘legal’ within the UK government’s TPP has been amended in this 7th edition to reflect the exact definition of ‘legally harvested’ set out in the UKTR.

Further information about UKTR is available on GOV.UK.

The Note has been updated to reflect the UK Forest Law Enforcement, Governance and Trade (FLEGT) licensing scheme.

1.3. Further information

Further information, including guidance on how to check evidence of compliance and tips for government departments on monitoring and reporting TPP compliance is available on GOV.UK.

2. TPP

2.1. The UK government TPP requirements

Only timber and wood-derived products originating from an independently verifiable Legal and Sustainable source (which can include from a licensed FLEGT partner) will be demanded for use on the government estate – appropriate documentation will be required to prove it.

A licensed ‘FLEGT partner’ is a timber-producing country that has signed up to a bilateral Voluntary Partnership Agreement with the UK concerning the UKs FLEGT licensing scheme and whose timber and wood-derived products have been licensed under that scheme for export by that country’s government (see section 4.2 below for further information).

Application of the TPP includes certain social criteria in contract conditions, as detailed in Annex D (Model Contract Condition) of this Note.

Suppliers are required to comply with all applicable legislation, including where appropriate the UKTR.

2.2. Scope of application of the policy

The TPP is mandatory for all central government departments, executive agencies and non-departmental public bodies (NDPBs) in England (referred to in this Note as ‘Contracting Authorities’).

The policy applies to all virgin timber and wood-derived products used on the government estate including temporary site works and material supplied by suppliers. ‘Wood-derived products’ applies to both the direct purchases of goods (supply contracts) and relevant works or services contracts such as office management, facilities management and catering that involve, for example, construction materials, furniture, stationery, horticultural products and catering.

As an alternative to demanding timber and wood-derived products from a Legal and Sustainable source, Contracting Authorities can demand ‘recycled timber’ (see Annex A glossary of terms for a detail explanation of the term recycled). Documentary evidence and independent verification will also apply to recycled timber and recycled wood-derived products but will focus on the use to which the timber was previously put rather than the forest source.

Short-rotation coppice is exempt from the requirements of the TPP and falls under agricultural regulation and supervision rather than forestry.

2.3. Definition of Legal and Sustainable

2.3.1. UK government TPP

A definition of what ‘legal’ and ‘sustainable’ are for the purpose of the TPP is set out in the Definition of Legal and Sustainable.

Previously the definition of ‘legal’, was amended to reflect the exact definition of ‘legally harvested’ as set out in the EU Timber Regulations, to ensure consistency of approach. The UK has now left the EU and the definition of legal now reflects the definition of legally harvested as set out in the UKTR.

2.3.2. UKTR and public procurement

Where timber and wood-derived products are covered by the UKTR, suppliers and Contracting Authorities must ensure that the obligations of due diligence (where either are ‘operators’ on the market) and traceability (where either are ‘traders’ on the market) are met (the terms ‘operators’ and ‘traders’ are defined within the UKTR).

The covers a broad range of timber products. Not included are recycled products.

The UK enforcement authority, the Office for Product and Safety Standards (OPSS) can be contacted for further information on the UKTR.

3. Stages of the procurement process for timber and wood derived products

The steps set out below provides an overview of how the TPP can be implemented during the procurement process. A detailed explanation can be found on the following pages.

Steps

1. Identification of need

Ensure TPP embedded within relevant procurement strategies.

2. Specification of requirements

Demand timber and wood-derived products originating from an independently verifiable Legal and Sustainable source (which can include from a UK FLEGT partner or equivalent), using the model specification.

Model specification text from Annex B can be copied into your specification

3. Prequalification of suppliers

Where prequalification questionnaires are applied, notify suppliers that their record in supplying timber and wood-derived products that meet the TPP will be assessed and used to help select those suppliers invited to tender.

Guidance on evidence checks from Annex E and F can be used.

4. ITT 

Covering letters and ITT specifications should include wording to draw attention to the TPP.

Model ITT letter text from Annex C can be copied into your ITT letter.

5. Evaluation of tenders and contract award

Choose the most economically advantageous tender, considering all pre-set award criteria. Include the model contract condition in your contract.

Model contract clauses from Annex D can be copied into your contracts.

6. Contract management

Request independent verification of timber and wood-derived products sourced from higher risk areas. Establish contract monitoring and reporting.

Guidance on evidence checks from Annex E and F can be used.

3.1 Stage 1: identification of need

Before a Contracting Authority begins the procurement process, it should consider the need for a particular product or service. This will involve working with internal stakeholders or customers to explore what the business need is and whether it can be met without a procurement taking place. If it can, that’s the most sustainable option of all.

3.2. Stage 2: specification of requirements

The Contracting Authority may wish to explore whether it can use an existing framework, such as those available from the Crown Commercial Service (CCS). In using such frameworks, procurers will still need to ensure the requirements of the TPP are specified in the contract and that the product delivered is compliant.

Where a requirement is for construction, furniture or paper, procurers should also consider using the broader Government Buying Standards in their tenders. These set clear sustainability standards for the public procurement of a range of goods and services, covering a range of issues including the TPP. They are mandatory for all central government departments, executive agencies and non-Ministerial Departments in England, and recommended for the wider public sector.

For timber and wood-derived products it is preferable to specify requirements in performance output terms rather than demanding a particular species of timber unless this is unavoidable. This will give suppliers more flexibility in finding well-managed forests for their sources of timber and wood-derived products.

If a Contracting Authority is advised that only a particular species will meet the technical specification, then it should obtain confirmation from experts that no other species would be technically acceptable. If the species in question is unlikely to be grown in a well-managed forest this may raise concerns over a Contractor’s ability to comply with the contract condition to supply TPP-compliant timber and wood-derived products, and to prove it. Where it is not feasible to specify the requirements in performance output terms, then those responsible for writing the technical specifications should be asked to consider lesser-known species or timbers in addition to more well-known species or timber.

The UK Government Find a Tender service (FTS) e-notification, accompanying technical specification and ITT covering letter should clearly identify the requirement for the Contractor to supply from a ‘TPP-compliant’ source, as set out in further detail below.

3.2.1. Exceptions to requirement for sustainable source

There may occasionally be situations where a particular type of product or timber species is needed (for example, for use in marine defences or refurbishment of an historic building) and where no sustainable source (including a FLEGT-licensed or equivalent source) is available.

In this case, Contracting Authorities must:

• ensure that they have in place a documented justification setting out why no alternative product or timber species can be used
• require from suppliers’ evidence that timber was legally harvested. Where timber and wood-derived products are covered by the UKTR, which will be the vast majority of cases, suppliers and Contracting Authorities must ensure that the obligations of due diligence (where they are ‘operators’ on the market) and traceability (where they are ‘traders’ on the market) are met
• give preference to timber and wood-derived products from sources that are demonstrably in an active programme to improve and certify forest management

Further information is set out in the document entitled Framework for Evaluating Category B evidence.

3.2.2. Model specification text and reference to model contract conditions (for use at stage 6)

The model specification text is set out in Annex B. The model specification text should be included in specifications for all contracts and funding mechanisms involving the supply of timber and wood-derived products.

Procurers should note that there are additional criteria for inclusion in contract conditions, at stage 6.

3.3. Stage 3: pre-qualification of suppliers

Where prequalification questions are applied as part of the technical capability criteria, Contracting Authorities can notify suppliers that their record in supplying timber from TPP-compliant sources will be assessed and used to help select those suppliers that will be invited to tender. Suppliers should not be excluded from being invited to tender simply because they have no record of supplying from a TPP-compliant source, but marks can be awarded to suppliers with a proven track record.

For goods and service contracts, the Contracting Authority can consider track record over the last 3 years but cannot go beyond that and must restrict consideration to the supply of goods and services of a similar type. The time limit for works contracts is 5 years. Evidence of failure to supply TPP-compliant timber and wood-derived products where there was a promise to do so can be taken into consideration when assessing how well suppliers meet the selection criteria.

Contracting Authorities can ask at this stage for evidence (including independent verification) of systems employed to implement sourcing policy and to ensure chain of custody (CoC) control throughout the supply chain.

A supplier must be rejected if it has been convicted of certain criminal offences, and may be rejected on other grounds such as being convicted of a criminal offence relating to the conduct of their business (see the Public Contracts Regulations 2006 for further details). Illegal conduct in this context could include non-compliance with the requirements of the UKTR. Under the UKTR, placing illegally harvested timber and wood products on the market is prohibited.

A Contracting Authority’s reaction to any such alleged misdemeanour must be proportionate and any attempt to subsequently rectify an alleged offence by a supplier must be taken into account.

3.4. Stage 4: invitation to tender (ITT)

The ITT covering letter and ITT specification should clearly identify the requirement for the Contractor to supply timber and wood-derived products originating from a TPP-compliant source, and to arrange and pay for independent verification if requested. A model paragraph for inclusion in the ITT covering letter is at Annex C.

3.5. Stage 5: evaluation of tenders and contract award

Bidders shall be required to indicate their acceptance of the contract conditions to supply TPP-compliant timber and wood-derived products, and to prove it as a requirement of submitting a compliant bid. This can be achieved by bidders signing a statement to this effect as part of their ITT response. If they do not agree to abide by the contract conditions, their bid can be marked as non-compliant.

As outlined in section 4 below, evidence of compliance can be provided by a recognised certification scheme (Category A evidence) or through other acceptable evidence (Category B evidence or FLEGT licence or equivalent evidence).

Even though a Contracting Authority may have doubts as to a tenderer’s ability to obtain independent verification, a Contracting Authority must consider a tenderer’s offer to supply properly verified timber and wood-derived products as a legitimate promise. However, as part of the contract award stage of a procurement procedure, tenderers can be reminded of the condition obliging them to obtain independent verification if requested post-award and the implications of failure to comply with the conditions of the contract.

When a Contractor indicates that they cannot provide TPP-compliant timber and wood-derived products, then that bid should not be considered further.

In a procurement regulated by the UK public procurement rules, in the event of no tender offering fully compliant bids under the open or restricted procedures, then a Contracting Authority needs to assess whether to reject all bids and re-tender (with all the consequent time and cost implications) or to move to a negotiated procedure.

3.6. Stage 6: contract management

3.6.1. Contract conditions

As mentioned at stage 2 above, model contract condition text is included at Annex D. This should be used as a supplementary condition to general conditions of contract for all contracts and funding mechanisms including the supply of timber and wood–derived products.

The model contract condition includes the model specification text and also includes social criteria which must be complied with in the performance of the contract. Public procurement law does not permit contracting authorities to include social criteria at the specification stage of a procurement unless these are, amongst other things, related to the subject matter of the contract. The social criteria are demonstrably linked to the performance of contracts and there is therefore scope to include them in contract conditions, hence they are set out here in stage 6 and in Annex D.

3.6.2. Requesting evidence of compliance before delivery

Once the contract has been entered, Contracting Authorities may request documentary evidence of compliance with the contract specification and contract conditions. This checking could take the form of sampling evidence of compliance either before delivery or during the contract term.

Where a product contains timber which might be considered high risk, a Contracting Authority may wish to sample evidence for a number of products prior to delivery. This may present difficulties for the Contractor but, where reputations are at risk, it is in both parties’ interests to clarify the source of the timber and wood-derived products before a Contracting Authority has to resort to rejecting deliveries.

 3.6.3. Monitoring compliance during the contract term

As part of their existing monitoring and reporting, Contracting Authorities may choose to request evidence of compliance from Contractors. This could include checking evidence of compliance of individual products and asking for proof that the Contractor checks for evidence of compliance at a product level. In all cases, the responsibility for collecting the data and ensuring compliance from all supplies including those through sub-contractors should be that of the main contractor. Frequency of reporting should be agreed in advance. It would be advantageous for the Contracting Authority to design a standardised reporting format for all such contracts.

For major construction projects (new builds and refurbishment) above a defined threshold level based on total spend, Contracting Authorities may wish to ask for proof that the Contractor has a system for checking compliance for individual timber and wood-derived products.

For other contracts, Contracting Authorities may wish to ask for evidence of compliance of a sample of products supplied. The type and intensity of monitoring by different public bodies should reflect:

• any existing procedures in place
• quantity of timber and wood products purchased (for example, in pounds sterling, number of units or weight)
• risk that any of the timber products purchased may not comply with the procurement policy

For bodies where timber purchases cut across a wide range of products including potentially high-risk products, the resources required to ensure compliance will have to be comparatively high. However, the majority of public bodies are ‘office based’, with minimal wood and timber consumption, consequently fewer resources are needed to implement a monitoring system. Where central measures have been taken to ensure compliance with the policy, such as through the use of framework contracts, this would also influence the level of monitoring required.

TPP compliance can be included within the scope of any existing monitoring processes (such as internal spot checks of supplier self-assessment questionnaires and periodic internal or external audits). It may also be possible to take account of TPP compliance within key performance indicators for contract monitoring.

3.6.4. Reporting

Contract level monitoring can help to form a picture of compliance across the organisation. Contracting Authorities may also wish to consider the approach taken in annual reports and accounts in any future organisation wide reporting.

3.6.5. Lack of evidence of compliance

There will be occasions where suppliers use their best endeavours to ensure that their supply chain provides TPP-compliant timber and wood-derived products, but are unable to provide credible evidence.

Where timber and wood-derived products are covered by the UKTR, suppliers and Contracting Authorities must ensure that their obligations are met.

Contracting Authorities will need to consider whether there has been a clear breach of compliance with the contract specification. In this case they may consider notifying other Contracting Authorities who in turn may be able to take non-performance into account when selecting suppliers to invite to bid for future contracts.

Where a decision is made to take no action in the event of a Contractor being unable to demonstrate contract compliance, an audit trail leading to such decision should be recorded.

4. Types of evidence

4.1. Evidence of legal and sustainable origin

If requested by Contracting Authorities, suppliers are required to provide evidence that their timber and wood-derived products comply with the TPP requirements laid out in the technical specifications (see section 3.2). Where a Contracting Authority has doubts as to the credibility of the evidence, it may request that the Contractor has the evidence independently verified. In order to demonstrate that timber and wood-derived products are from a Legal and Sustainable source (note that FLEGT-licensed or equivalent sources are dealt with in section 4.2 below) it is necessary to prove:

• the source of the timber (traceability): in general, timber and wood-derived products go through a number of stages between the forest and the final product – since the policy applies to legality and sustainability in the forest, it is necessary to know the area of the forest the timber originated from.
• that the forest source was legally and sustainably managed: once the source of the timber is known, then it is necessary to show that the forest was managed legally and sustainably (see Definition of Legal and Sustainable) for further details

Therefore, evidence related to both management of the forest and the CoC is required. The 2 types of evidence below are accepted.

4.1.1. Category A evidence

Category A evidence is independent certification under a forest certification scheme recognised by the UK government as meeting the criteria set out in the ‘UK Government Timber Procurement Policy: Criteria for Evaluating Certification Schemes (Category A Evidence)’ (available from Contracting Authorities on request).

Forest certification schemes provide a way of defining sustainable forest management as well as third party, independent verification that a timber source meets the definition of sustainability. Certification schemes include a mechanism for tracing products from the certified source forest to the end use. Acceptable forest certification schemes thus provide evidence of legal or sustainable timber or both.

There is a list of assessed certification schemes in the Checklist for checking category A evidence where you can see if they meet the government’s requirements. Certification schemes include both forest management certification and CoC certification. Further information on when to evaluate evidence can be found in section 4.3 below and guidance on how to assess Category A evidence can be found in Annex E.

Note that in order to meet the UKTR requirements, the Contracting Authority must complete appropriate due diligence on the timber provided to confirm legality and sustainability of the products provided by the supplier (as certified suppliers can provide non-certified products). The supplier must confirm via the invoice that the products provided are fully certified. For more information, please visit TPP’s Checklist for checking category A evidence.

4.1.2. Category B evidence

Category B evidence is documentary evidence (other than Category A evidence) that provides assurance that the source is TPP-compliant.

Category B evidence can be combined with Category A evidence (for example if you are purchasing timber and timber products from a supplier in a ‘broken chain’ situation who does not hold a CoC certificate but who claims their supplier does hold a valid CoC certificate, you may be able to demonstrate TPP compliance).

The definition of ‘sustainable’ requires that a local definition is developed through an inclusive, multi-stakeholder process. Standards defined by governments or other groups constituting a single stakeholder group (for example, an industry standard or an non-governmental organisation (NGO) standard) do not meet this requirement.

However, if a single-stakeholder standard can be evaluated against a relevant multi-stakeholder standard which does meet the UK government requirements and which has been developed for the same geographical area and can be shown to be broadly equivalent in terms of outputs, then it may be acceptable.

Further information on when to evaluate evidence can be found in section 4.3 below and guidance on how to assess Category B broken chain evidence can be found in Annex F. Further information on collecting and evaluating Category B evidence is set out in the UK Government Timber Procurement Policy: Framework for Evaluating Category B Evidence (also available from Contracting Authorities on request).

4.2.Evidence of FLEGT-licensed origin or equivalent

The FLEGT Action Plan was the foundation of the European Union’s efforts to support improvements to forest governance around the world. A key part of the FLEGT Action Plan is the negotiation of bilateral Voluntary Partnership Agreements (VPAs) between the European Union and timber-producing countries. The UK has now replicated FLEGT in domestic legislation and has a VPA with Indonesia. Under the terms of a VPA, a country agrees with the UK to implement a timber licensing system. The UK will only accept licensed products from that country, and unlicensed products will be refused customs clearance with the aim of preventing illegal products from entering the UK market.

4.2.1. FLEGT-licensed timber

Once a VPA partner country starts issuing licences, timber and wood-derived products arriving in the UK from that country should be accompanied by a FLEGT licence which will be checked at import. It will then be necessary to have adequate supply chain controls in place from the point of import to the point of delivery to Contracting Authorities to demonstrate that the material being delivered was FLEGT-licensed. This could take the form of either:

• a certified generic CoC system
• adequate documented evidence of supply chain control

Once a FLEGT licensing system is fully operational, the FLEGT licence applies to relevant products from the partner country. Each VPA will specify which categories of product will be included in the scope of the licensing scheme. This will always include logs, sawn timber and plywood, but may not always apply to processed products such as mouldings, furniture or paper.

4.2.2.

Where a VPA between the UK and a timber-producing country has been entered into but the licensing system is not yet in operation, timber and wood-derived products harvested from that country may be accepted, where they demonstrate compliance with the Definition of Legal and Sustainable. This would be classed as Category B evidence.

4.3. Evaluating evidence

Requesting copies of evidence

It is recommended that evidence of compliance should be requested using a risk-based approach. Thus, where timber and wood-derived products are from a high-risk source, that is, where the record of forest governance is poor and forest management not always responsible, then proof should be routinely requested and, if found to be inadequate, independent verification required. Further information on assessing evidence can be found in Annex E and Annex F.

Independent verification

The model contract condition at Annex D reserves the right for a Contracting Authority to require independent verification of the evidence that their timber or wood-derived products comply with the contract specification. Such independent verification must be provided and paid for by the supplier and must result in a report that (a) verifies the forest source of the timber or wood-derived product and (b) assesses whether the source meets the criteria for being TPP-compliant.

‘Independent Verification’ means that an evaluation is undertaken and reported by an individual or body whose organisation, systems and procedures conform to international standard ISO/IEC 17065:2012 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 17011:2017 General Requirements for Providing Assessment and Accreditation of Conformity Assessment Bodies or equivalent.

Annex A: Glossary of terms

The terms defined in Annex A are for use in this Note and, where appropriate, they should accompany the model specification in Annex B and contract condition in Annex D.

Timber and wood-derived products

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 (for example, paper).

Timber and wood-derived products supplied or used in performance of the contract that have been recycled or reclaimed are referred to as ‘recycled’ timber, which is 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.

Short-rotation coppice is exempt from the requirements for timber and wood-derived products and falls under agricultural regulation and supervision rather than forestry.

Legal and sustainable

Production and process methods, also referred to as timber production standards, and in the context of social criteria, contract performance conditions (only), as defined by the document titled ‘UK Government Timber Procurement Policy, Definition of Legal and Sustainable for Timber Procurement’, (available from the Contracting Authority on request). The edition current on the day the contract is awarded shall apply.

FLEGT

This means FLEGT, and is a reference to the EU FLEGT Action Plan, which aims to help tackle the urgent issue of illegal logging and associated trade. Since leaving the EU the UK has replicated FLEGT in domestic legislation.

FLEGT-licensed

This means timber certified as legal under the VPA country’s Timber Legality Assurance System and exported directly to the UK without passing through any other ports, providing a comprehensive CoC system that covers the entire supply chain and all actors – from forest-level producers to processors to importers at ports.

Recycled

Recovered wood that prior to being supplied to the Contracting Authority had an end use as a standalone object or as part of a structure and which has completed its lifecycle and would otherwise be disposed of as waste. The term ‘recycled’ is used to 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
• reclaimed timber which was abandoned or confiscated at least ten years previously

Documentary evidence and independent verification also apply to recycled materials, but will focus on the use to which the timber was previously put rather than the forest source.

Short-rotation-coppice

This means a specific management regime whereby the poles of trees are cut every 1 to 2 years and which is aimed at producing biomass for energy. It is exempt from the UK government TPP requirements and falls under agricultural regulation and supervision rather than forestry. The exemption only refers to short-rotation coppice, and not ‘conventional’ coppice which is forest management and therefore subject to the UK government TPP.

Annex B: Model specification text

1. Requirements for timber

All Timber and wood-derived products for supply or use in performance of the contract must be independently verifiable and come from:

• a legal source
• a sustainable source, which can include a FLEGT-licensed or equivalent source

2. Requirements for proof of timber origin

2.1. Management of the forest or plantation shall be audited at intervals confirming ongoing good forest management and by organisations with appropriate forest management experience that are independent of the organisation that holds timber harvest, management rights or both for that forest.

2.2. The Contracting Authority will accept evidence from any of the following 4 categories:

2.2.1. Category A evidence: Certification under a scheme recognised by the UK government as meeting the criteria set out in the document entitled: Criteria for Evaluating Certification Schemes (Category A Evidence), which reflects the criteria for legal and sustainable set out in the document entitled UK Government Timber Procurement Policy, Definition of ‘Legal and Sustainable for Timber Procurement’. The edition current on the day the contract is awarded shall apply. Acceptable schemes must ensure that at least 70% (by volume or weight) is from a Legal and Sustainable source with the balance from a legal source.

2.2.2. Category B evidence: Documentary evidence, other than Category A evidence and FLEGT (or equivalent) evidence, that provides assurance that the source meets the criteria set out in the document entitled ‘UK Government Timber Procurement Policy: Framework for Evaluating Category B Evidence’(available from the Contracting Authority on request), which reflects the criteria for legal and sustainable set out in ‘UK Government Timber Procurement Policy, Definition of Legal and Sustainable for Timber Procurement’. The edition current on the day the contract is awarded shall apply. Such Category B evidence may include, for example, independent audits and declarations by the Contractor or his suppliers. Where Category B evidence is to be relied on, the Contractor is required to notify the Contracting Authority of the source or sources of all virgin timber and wood-derived products supplied. Source in this context means the forest or plantation where the trees were grown and all subsequent places of delivery through the supply chain prior to receipt of the timber and wood-derived product by the Contracting Authority. The Contractor shall separately identify virgin timber and wood-derived products supplied from forests and plantations that are claimed to be subject to sustainable timber production and shall submit to the Contracting Authority documentation in respect of such wood to confirm that the criteria for sustainable production set out in this specification have been met. If mixing is unavoidable within the supply chain, then sources can still be accepted provided that there are adequate controls in place and at least 70% (by volume or weight) is from a Legal and Sustainable source with the balance from a legal source.

2.2.3. FLEGT evidence:

• Evidence of timber and wood-derived products being exported from a timber-producing country that has signed a bilateral FLEGT Voluntary Partnership Agreement (VPA) with the UK and which have been licensed for export by the producing country’s government
• Evidence from a country that has not entered into a VPA which demonstrates that all of the requirements equivalent to FLEGT-licensed timber have been met

FLEGT-licensed timber and wood-derived products which have been processed in a third country may also be acceptable, provided that they demonstrate compliance with the TPP definition of Legal and Sustainable (where equivalent to FLEGT-licensed can be evidence of meeting the definition of Sustainable).

Annex C: Model paragraph for inclusion in ITT covering letter

The tenderer’s attention is drawn to the contract requirement governing the supply and use of timber and wood-derived products in performing the contract. It is UK government policy to require that all timber and wood-derived products originate from an independently verifiable Legal and Sustainable (which can include from a licensed Forest Law Enforcement, Governance and Trade (FLEGT) partner or equivalent) source. The European Commission’s Forest Law Enforcement, Governance and Trade Action Plan (FLEGT) approach is replicated in the UK FLEGT Legislation. Timber and wood-derived products in the context of this contract include any product that contains wood or wood fibre supplied to the Contracting Authority or used by the Contractor or his agents and sub-contractors in performance of the contract.

The contract conditions require that all timber and wood-derived products for supply or use in performance of the contract must be independently verifiable and come from:

• a legal source; and
• a sustainable source, which can include a FLEGT-licensed or equivalent source;
• as set out in the specification.

The Contracting Authority may reject any bid that cannot offer to provide independent verification that all timber and wood-derived products used in the contract meets this requirement.

Annex D: Model contract condition – timber and wood-derived products

Use this as a template for a contract condition on timber and wood-derived products. Please note that terms in square brackets will need to be defined according to the relevant contract in which the model contract condition is used.

Requirements for timber

1.1. All timber and wood-derived products supplied or used by [the Contractor] in performance of [the Contract] (including all timber and wood-derived products supplied or used by sub-contractors) shall comply with [the Contract Specification]

1.2. In addition to the requirements of clause 1.1 above, all timber and wood-derived products supplied or used by [the Contractor] in performance of [the Contract] (including all timber and wood-derived products supplied or used by sub-contractors) shall originate from a forest source where management of the forest has full regard for:

• Identification, documentation and respect of legal, customary and traditional tenure and use rights related to the forest;
• Mechanisms for resolving grievances and disputes including those relating to tenure and use rights, to forest management practices and to work conditions; and
• Safeguarding the basic labour rights and health and safety of forest workers.

2. Requirements for proof of timber origin

2.1. If requested by [the Contracting Authority], and not already provided at the tender evaluation stage, [the Contractor] shall provide to [the Contracting Authority] evidence that the timber and wood-derived products supplied or used in the performance of [the Contract] complies with the requirements of [the Contract Specification]. If requested by [the Contracting Authority] [the Contractor] shall provide to [the Contracting Authority] evidence that the timber and wood-derived products supplied or used in the performance of [the Contract] complies with the requirements of the social criteria defined in section 1.2 above.

[The Contracting 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 Contracting Authority’s] inspection within 14 days of [the Contracting Authority’s] written request.

2.2. [The Contractor] shall maintain records of all timber and wood-derived products delivered to and accepted by [the Contracting Authority]. Such information shall be made available to [the Contracting Authority] if requested, for a period of 6 years from final delivery under [the Contract].

3. Independent verification

3.1. In the event that [the Contracting Authority] is not satisfied, [the Contractor] shall commission and meet the costs of an ‘independent verification’ and resulting report that will (a) verify the forest source of the timber and wood-derived products and (b) assess whether the source meets the relevant criteria.

3.2. 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 international standard ISO/IEC 17065:2012 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.

4. [Contracting Authority’s] Right to reject timber

4.1. [The Contracting Authority] reserves the right to decide whether the evidence submitted to it demonstrates that the timber and wood-derived products comply with [the Contract Specification]. [The Contracting Authority] reserves the right to decide whether the evidence submitted to it is adequate to satisfy [the Contracting Authority] that the timber and wood-derived products comply with the requirements of the social criteria defined in section 1.2 above.

4.2. [The Contracting Authority] reserves the right to reject any timber and wood-derived products that do not comply with [the Contract Specification]. [The Contracting Authority] reserves the right to reject any timber and wood-derived products that do not comply with the requirements of the social criteria defined in section 1.2 above.

Where the [Contracting Authority] exercises its right to reject any timber and wood-derived products, [the Contractor] shall supply alternative timber and wood-derived products, which do so comply, at no additional cost to [the Contracting Authority] and without causing delay to [the Contract] completion period.

Signed

For and on behalf of

Name in Capitals (as in tender)

Date

Annex E: Checklist for submitting category A evidence

The Forest Stewardship Council (FSC), Programme for the Endorsement of Forest Certification (PEFC) and Grown in Britain (GiB) certified products are TPP compliant under Category A evidence.

Use the steps below to check that products are covered by an unbroken chain of custody (CoC) through each stage in the supply chain to a FSC, PEFC or GiB certified forest. 

Step 1: is the CoC certificate listed with a valid status on the appropriate online database?

All CoC certificates are listed online with their status (for example, valid). Certified suppliers have a unique CoC certificate code or number quoted on their certificate. The CoC number should follow the structure TT-COC-1234, BMT-PEFC-2334 or SGS-COC-12244.

Action and common problems

Search for the CoC certificate record on the appropriate database using either the CoC certificate or license number using:

• FSC
• PEFC
• GiB

Common problems include typing the number of code incorrectly.

Suggested corrective action

If you can’t find a record on the online database, ask the supplier to email you a hyperlink to the online CoC certification record.

Step 2: is the certificate in date and valid for the period of supply?

The expiry date is listed online. Certificates are issued for 5 years and audits are carried out annually.

Actions and common problems

Problems include certificates expiring before audits are carried out. Suppliers may have an audit scheduled that they have not informed you of.

Suggested corrective action

If the certificate has expired or been suspended:

1. Check if the supplier has a CoC certification audit booked.
2. If they have an audit booked, ask for written confirmation from the certification body carrying out the audit.
3. Ask for confirmation once the audit has been completed.

Step 3: is your supplier listed as the certificate holder?

The certificate holder is listed online and should be your contractor, or additional evidence should be provided.

Actions and common problems

Common problems include:

• using different punctuation or spelling of company names
• Category B evidence broken chain, where your contractor doesn’t hold a certificate, but their sub-contractors do
• name of supplier is different to the certificate holder, for example, listed on a ‘multi-site CoC certificate’, with the supplier one of multiple production and/or sales units and the certificate holder the central site for administration

Suggested corrective action

• if the name of your supplier doesn’t match the certificate holder on the record, ask your supplier why
• if your supplier claims the product is FSC, PEFC or GiB certified, but it is not their name on the certificate the CoC may be broken – see Annex F for help

Step 4: are the products being supplied listed on the record for the CoC certificate?

Certified suppliers supply certified and non-certified products. Only certified products are covered by the certificate scope.

Actions and common problems

Common problems include incomplete listings or products on the online database records.

Suggested corrective action

If the product you are purchasing is not covered under the certificate record, you should:

• check with the supplier whether there is a mistake on the record
• if there is a mistake you should ask for written confirmation from the certification body

Step 5: is the product supplied the product promised?

Suppliers may not supply you with the certified product, even when the above steps have been carried out. Procurement records can help check this.

Actions and common problems

Check a sample of invoices and delivery notes to make sure that the certificate number is quoted and that under the product description is listed as FSC, PEFC or GiB certified.

Suggested corrective action

Products listed as PEFC, FSC or GiB certified may include a product claim, such as:

• X% PEFC Certified, PEFC Recycled
• FSC 100%, FSC Mix X%, FSC Mix Credit, FSC Recycled X%, FSC Recycled Credit

Grown in Britain Forest (GiB-F), Grown in Britain Forest Product (GiB-FP), Grown in Britain Sourced (GiB-S), Grown in Britain + Recycled Content (GiB+RC), Grown in Britain Legal Only (GiB-LO), Grown in Britain Woodfuel (GiB-W).

For product percentage claims, the % threshold is a minimum of 70%.

If the contractor cannot satisfy your concerns, agree an action problem to resolve them, or consider buying alternative products.

Annex F: Checking category B evidence for legal and sustainable timber – broken chain

If you are purchasing timber and timber products from a supplier who is not directly certified but who claims their supply is, you may be able to show that it meets the requirements for legality and sustainability.

a) The supplier should use “Category B Checklist 1 (supply chain information)” to provide the information. Checklist 1 can be found here. Category B Guide to Supply Chain Information can be found here.

b) The supplier should have available information about the third party who holds the valid CoC certificate. This information should be entered in ‘Stage 1’ of Checklist 1. This information should confirm that the materials specified are covered by the scope of their certificate. The supplier should carry out the steps as described in Annex E.

c) The supplier should provide information about the supply chain after the products leave the CoC certificate holder. If the supplier buys it directly from a CoC holder, they should refer to the invoice and delivery note showing this, as well as provide information and evidence of how they ensure that only those products sourced from the certificate holders will be supplied (for example, certified products are physically segregated and marked, with site staff checking the marks prior to shipment).

d) Suppliers should refer to the TPP Practical Guide: Category B evidence, supply chain information to determine what level of verification is appropriate to demonstrate that the certified products are not being mixed or substituted once they leave the CoC certificate holder. This means some level of checking will need to be undertaken.

See the CPET resources for government procurers, suppliers and businesses for links to the relevant documents.

Making claims when you have a broken chain

Please note that if you do have a break in the chain, and use credible Category B evidence to make the link between your supplier as the certificate holder and you, claims that certified products have been purchased cannot be made. Any such claim would be a trademark infringement. As soon as ownership of products is taken by a non-CoC-certificate holder, the products cease to be ‘certified’. However, if the evidence is credible, you can make a claim of legal or sustainably sourced products.