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Tender Preparation and Herbicide Specification

Tender Preparation and Herbicide Specification
An employer or organisation (client) considering contract application of pesticides has a duty to comply with relevant legislation. They must also have an awareness of the potential impact such activity may have on the environment and be suitably trained to undertake the tasks they are called upon to perform. It is therefore essential that the employer or organisation (client) carefully consider the tender preparation and management of the contract to cover the following areas. This may require additional staff training or obtaining relevant expertise.

1.1 Policy on the Use of Pesticides
The client should have in place a Policy document which sets out their attitude towards the use of pesticides on areas under their jurisdiction. This should show that alternative methods of control have been examined and that environmental and public considerations have been taken into
account. The minimum pesticide for the job should be used.

1.2 Objective
There should be a clear understanding of the cause and effect of the problem to be treated, and the objectives to be achieved by the contract. The conditions of the approval of the product should also be met.

1.3 Legislation
The client must have a knowledge and understanding of all current relevant legislation and codes of practice relating to the supply, storage and use of pesticides, as there is a responsibility and duty on the client to ensure that such legislation is complied with by both their own and a contractor's employees.

1.4 Employees
The client should have sufficient trained and appropriately qualified (preferably BASIS certificated) staff and / or advisors to undertake the preparation of tender documents and the monitoring of the contract. Details of specific items like the type of pesticide to be used, timing, dose rate etc. should only be incorporated into the specification by those clients with access to staff who have the relevant expertise and competence.

1.5 Performance Standard
The client must be clear as to the standard of control required (this will not necessarily be 100% control) and that it is possible to achieve, taking into account any limitations on the selection and use of technique or pesticide brought about by legislation and / or environmental requirements. In particular, the performance standard should recognise the performance criteria described by the product label. In all circumstances the performance standard required must be realistic.

1.6 Areas for Treatment
There should be available for the purposes of the contract a clear definition of the areas to be treated including any relevant measurements, maps and plans. Maps should clearly show areas of risk such as water bodies, SSSIs, Nature Reserves, schools, hospitals, old peoples homes etc.

1.7 Contractors
The client should prepare a contractor profile covering quality, capability and skills requirements, and undertake an assessment of possible contractors to determine if they are potentially able to meet the conditions of the tender. This assessment must include information on the contractor's experience and competence in carrying out similar work, and the number of qualified employees that the contractor can make available to carry out the specified work, at the dates / times requested.

1.8 Monitoring
The client must have in place a programme for monitoring the contract to ensure that the tender conditions, specifications, performance and standards of control are met, and that appropriate records are maintained and submitted. Persons undertaking the monitoring should be suitably trained and competent.

1.9 Communication and Incident Control
There should be in place a 'Communication / Incident Plan' to ensure that any incident arising from the execution of the contract, which may be a possible cause for concern, is efficiently and speedily dealt with.

1.10 Review
An annual review of all aspects of the contract should be undertaken to ensure compliance with any changes in policy, legislation, controls or any other factor likely to affect its performance. The contract should feature a break clause to allow any such changes to be reflected in the contract if the policy or legislation changes.
Contract Specification
To derive maximum benefit from the contract it is essential that the initial specification is well defined in terms of scope, methods of working etc. However, there is a need for caution when dealing with pesticides because of the complex legislative requirements. A high degree of expertise and competence is required by staff drawing up the specification. The model below is based on the assumption that such expertise is available. In all other cases the client will need to adapt the model according to the level of expertise.

2.1 Introduction
Initial clauses in the tender should cover the client's standing orders, conditions of contract, Insurance requirements etc.

2.2 Work to be Undertaken
Statement on the type and scope of work to be undertaken providing schedules or appendices giving specific detail relating to areas for treatment including appropriate measurements, information on any unusual hazards, anticipated work/building works and any restrictions on working hours or machinery that may be used. Any specific instructions for working in or near areas of risk as defined in paragraph 1.6 should be included.

2.3 Standard of Control
The standard(s) of control the client requires for each aspect of the contract must be clearly stated and realistic, taking into account performance limitations of the chosen pesticide e.g. the efficacy/persistence of the pesticide chosen, plus environmental considerations and the start date of the contract.

2.4 Pesticide Specification
a) The pesticides (written as active ingredients) and rates of application to be used on this contract are as follows/as per schedule x

Should the contractor, having inspected the site, consider that an alternative pesticide to that specified is required, the opinion and written authority of the client must be sought before implementing any changes. The contractor must provide with his tender a list of the proprietory products, including MAPP/HSE Nos., he proposes to use, (including equivalent alternatives) together with rates of application for each section of the contract.

OR should the client wish to place the onus on the contractor to specify the pesticides he would propose to use to achieve the performance or standard of control required in this case the contractor should have a BASIS Certificate in Crop Protection.

b) The contractor will provide a schedule of the pesticide(s), including MAPP/HSE Nos., he proposes to use for each section of the contract covered by clause 2.2, giving rate(s) of application and number of treatments he considers necessary to achieve the standard of control as per clause 2.3.
2.5 Legislation
In submitting a tender the contractor will have indicated that:
a) He understands that his actions are covered, but not exclusively, by the legislation and Codes of Practice as per schedule A and;

b) He will provide with his tender the documentation required by schedule B.
2.6 Reporting and Record Keeping
The contractor's site representative will report to the client's representative on a regular basis, at least weekly to provide the client with a record of the areas intended to be treated during that time and a record of the areas treated since the previous meeting, together with a copy of the contractor's record of pesticides used.
2.7 Inspection of Sites
Prior to tendering the contractor will be deemed to have visited the site(s) and satisfied himself regarding any factors which may affect his tender.
2.8 The Contractor
The following applies to England. Appropriate alterations will be needed for Scotland, Northern Ireland and perhaps Wales. It is a requirement of this contract that the contractor shall be able to:
a) show that the company or organisation has all the necessary qualified, experienced and competent resources to comply with all the statutory requirements covering the application of pesticides and;

b) show Quality Assurance Registration under ISO9002 or have a written Quality Document and long term quality objectives available for evaluation.

It is recommended that contractors belong to an appropriate trade association and/or possess the BASIS/BAA Advanced Contractor Certificate.

2.9 Protection of the Environment
The contractor will undertake the works in such a manner as to avoid contamination of any person, animal or property, and take particular care to protect water, wildlife and natural habitats. The contractor will pay specific attention to sites where the mixing of pesticides and filling of spray tanks take place. He will also provide with his tender a statement on how excess spray solution and empty pesticide containers and packaging will be disposed of and from where he proposes to take his clean water supply. Client to be provided with written details.
2.10 Personnel and Equipment
The contractor is to provide, for the proper performance of the contract, named trained personnel with the appropriate Certificate of Competence, conversant with the operations to be undertaken, safety procedures, and possessing the necessary skills. Relevant personal protective equipment, including clothing, shall be used in accordance with the relevant legislation and Codes of Practice. Also details of application equipment to be used and the precautions proposed for protecting members of the public.
2.11 Subcontracting
No part of this contract will be sublet without the express written authority of the client and if such authority is given the subcontractor will be bound in all respects by the terms and conditions of the contract.
2.12 Programme of Work
The successful tenderer will submit to the client a programme of work indicating starting date, schedule of work and anticipated duration of contract.
2.13 Monitoring
The execution and performance standards of the contract will be monitored by the client on a regular basis. Schedule A - Legislation and Codes of Practice. The contract is covered, but not exclusively, by the following legislation and Codes of Practice:

1 Legislation
a) The Health and Safety at Work Act etc 1974;
b) The Food and Environment Protection Act 1985 Part III;
c) The Control of Pesticides Regulations (as amended) 1986;
d) The Plant Protection Products Regulations 1995;
e) The Control of Substances Hazardous to Health Regulations as amended (COSHH) 1994;
f) Environmental Protection Act 1990;
g) The Water Resources Act 1991.

2 Codes of Practice
a) Code of Practice for the Safe Use of Pesticides on Farms and Holdings 1998. (Part II of the Food and Environment Act 1985 and the Health and Safety at Work Act combined code).
b) The MAFF Code of Practice for Suppliers of Pesticides to Agriculture, Horticulture and Forestry (Part II of the Food and Environment Act 1985).
c) The Safe Use of Pesticides for Non-Agricultural Purposes - Health and Safety Commission Approved Code of Practice (Control of Substances Hazardous to Health Regulations 1994).
d) Code of Practice for the Use of Approved Pesticides in Amenity and Industrial Areas (British Agrochemicals Association and the National Association of Agricultural Contractors).
Schedule B - Documentation to be Provided with Tender. The contractor is required to submit with his tender the following documentation. Failure to do so may disqualify his bid.

1 Copy of insurance certificate(s) as per clause 2.1.
2 The name and address of two referees for whom work of a similar type and value has been undertaken.
3* A copy of the company's BASIS 'Registered' Certificate in the Storage and Handling of Amenity Horticultural Pesticides.
4* A copy of the company's BASIS Storekeepers Certificate covering the store in which pesticides to be used in this contract are to be kept.
5* A copy of the BASIS Certificate of Competence for the Sale and Advice of Amenity Plant Protection Products of the person responsible for the sales and technical direction within the company.
6 Copies of the NPTC Certificates of Competence in the Use of Pesticides covering all spray operatives and supervisors in relation to the types of equipment to be used under the terms of the contract together with proof of their direct employment by the contractor.
7 A copy of the contractor's Safety Policy, Risk Assessment and Control Procedures as required by the Health and Safety at Work Act and its associated regulations.
8 Details of membership of any professional body or trade association.
9 Details of the contractor's 'Waste Management Policy' as required under the Environment Protection Act 1990.
10 Health and Safety at Work policy and the company's or organisation's relevant Codes of Practice, directly related to the work as specified by this contract.

*Where storage of less than 200 litres/kg are stored, these items may not be required.
Monitoring Contracts
Contract operations involving pesticides shold be monitored by staff with relevant qualifications, from preparation of tender documentation through execution to the end of the contract period to ensure that all legislation is complied with and that the required performance standards are achieved. A monitoring programme should cover:
1 Tender Preparation
a) Ensure that the contract schedules are an accurate record of the areas to be treated;

b) Ensure that the pesticide specification is sufficient and suitable to achieve the performance standards set. Ideally this should be set by a BASIS Certificate holder;

c) Decide on frequency of site inspections;

d) Prepare a check list of the areas to be assessed during site inspections.
2 Tender Submissions
Examine tender submissions to determine if all the requirements called for in the tender documents are met including the provision of appropriate documentation. If any documentation is missing, the tenderer should be given an opportunity to forward the missing documentation.
3 Contract Execution
During the execution of the contract site visits must be undertaken to ensure in particular that:

a) The operation is being carried out safely and in accordance with Codes of Practice;

b) The spray operatives are using all the appropriate personal protective equipment and clothing and have NPTC Certificates of Competence;

c) The contractor's vehicles are suitably equipped to deal with any spillage or similar incident;

d) The mixing and preparation of spray solution is being undertaken in an appropriate location and in a safe manner;

e) Pesticide application is being undertaken by the operatives as per documentation submitted with tender;

f) The pesticides being applied are as per specification in terms of approved product, rates and method of application. If it is deemed necessary to take samples of spray solution, two samples should be taken and sealed at the time. One should be left with the contractor;

g) All appropriate Health and Safety Regulations are being observed;

h) Storage provision for pesticides on site satisfies legal requirements;

i) Necessary records of pesticide usage and areas treated are being kept, and submitted as required;

j) Written records demonstrating that surplus spray solution, tank washings and empty packaging are being disposed of in accordance with Codes of Practice.
4 Contract Performance Assessment
Site inspections should be made during the execution of the contract and at appropriate intervals after its completion to assess pesticide activity and results, and where necessary request that corrective action be taken. Such assessments must take into account any limitations set by the specification and performance standards requred by the tender document.

NB - A BASIS/BAA Advanced Contractor would have been inspected independently to ensure that they meet all of the requirements in paragraph 3.
Suggested Herbicide Specifications
Example 1 For a three spray treatment using a non-residual contact herbicide.

1 Areas for Treatment:
a) As per schedule x weeds located in a 600mm wide horizontal strip located centrally, to all kerbs and channels.

b) As per schedule all tree bases, including tree pit if any, treating a radius of 600mm from trunk of tree.

2 Herbicide to be Used:
Client to specify product by chemical name (active ingredient) stating that only proprietory products whose label covers the appropriate 'field of use' are to be used.

3 Timing of Applications:
Initial treatment: April
Second treatment: June
Third treatment: September

4 Performance Standard:
The treatments will only control weed growth present at the time of application. The client recognises that some fresh weed growth will occur after treatment. The contractor will ensure that weed growth does not exceed 10cm in height and that in any 100 sq.m of treated area no more than 20% of the area contains weeds. Example 2 Two spray treatment using residual and non-residual herbicides.

1 Areas for Treatment:
The rear of footways abutting brick, stone or other types of wall, surfaced footways, traffic islands, paved roundabouts but excluding all kerbs and channels.

a) Treatment one is to be a 'blanket' application on all areas.

b) Treatment two is to be a 'spot' application and the contractor should ensure that all living weed growth receives the specified treatment.

2 Herbicide Specification:
Client to specify product by chemical name (active ingredient) stating that only proprietory products whose label covers the appropriate 'field of use' are to be used.

a) Initial Application:
A combination of residual and non-residual herbicides; the client to specify the chemical names (active ingredients), of each herbicide to be used, and their rates of application.

b) Second Application:
Non-residual herbicide only to be applied. The client to specify chemical name (active ingredient).

3 Timing of Treatments:
Initial application: March
Second application: August/September

4 Performance Standard:
a) First Treatment:
This treatment will provide complete control of all weed growth
present and will prevent germination of new weed growth for a period
of 14-16 weeks.

b) Second Treatment:
This treatment with a non-residual herbicide requires weed growth to be evident before application and will control such weed growth. The client recognises that new weeds will germinate after treatment. The contractor will ensure that such new weed growth does not exceed 10cm in height and that in any 100 sq.m of treated area no more than 20% of the area contains weeds.

[ last update: Thursday, August 21, 2008 ]