Waivers
In exceptional circumstances, when the Contract Procedure Rules can not be followed, a Waiver Report can be completed to 'waive' a particular contract procedure rule.
The Contract Procedure Rules state;
27.0 Waivers of Contract Procedure Rules
27.1 Waivers of any of these Contract Procedure Rules shall only be given in exceptional circumstances and only with the prior written approval of the appropriate Chair of Governors following consultation with the Head of Commissioning, Procurement and Business Development. Where the view of either of those officers is not in accord with the proposal of the School, the matter shall be referred to the Deputy Chief Executive of Education Leeds for a decision. Waivers may not be made retrospectively.
27.2 The Authorised Officer must be able to justify a procurement as a genuine exception to the requirements for competition.
27.3 When deciding whether to approve a waiver of Contract Procedure Rules the Chair of Governors shall take into account the legal obligations for appropriate advertising.
27.4 In all the above circumstances the originator of the report is responsible and accountable for making sure that the contents of the report are factually correct . The originator of the report should ensure that all supporting documentation is retained on an easily accessible file for auditing purposes. Should it be found that incorrect information has been knowingly submitted in order to obtain approval for a waiver of these contract procedure rules the originator of the report will be reported to the Chair of Governors.
A template waiver report is available below.
If you have any queries regarding the Waiver process please contact Philip Robson, Head of Commissioning, Procurement and Business Development who will be happy to advise on the procedure.
Contact Details
Name: Philip Robson
Telephone: 07891 277557
Email:
philip.robson@educationleeds.co.uk
