REQUEST FOR EXEMPTION FROM THE CONTRACT PROCEDURE RULES

CUMBRIA COUNTY COUNCIL CONTRACT PROCEDURE RULES

Use this form from 1 August 2016 to seek an exemption from the Contract Procedure Rules, i.e. to dis-apply one or more of the rules for the procurement detailed in this request.

The Assistant Director - Finance is responsible for approving exemptions to the Contract Procedure Rules, following consultation with the Senior Manager Legal and Democratic Services.

Exemptions must be sought before any action is taken which is not wholly in accordance with the CPRs.

It is not necessary to seek an exemption for contracts defined in CPR 2.14 as exceptions to the CPRs.

The Assistant Director - Finance is not authorised to approve requests for exemptions to the CPRs which would cause the Council to breach the Public Contracts Regulations 2015.

Urgency

It is not necessary for Corporate Directors to seek an exemption in cases of extreme urgency such as an immediate danger to life or property and contracts which may be procured under Regulation 32(2)(c) of the Public Contracts Regulations 2015. In these circumstances Corporate Directors are required to take appropriate action and must report such action and expenditure incurred to Cabinet. (CPR Rule 2.15).

This is not a general “urgency” exception and must not be used where lack of planning or decision making has resulted in shortage of time to carry out the required procurement. In these circumstances, an exemption from the CPRs must be sought.

DIRECTORATE INFORMATION

DIRECTORATE
NAME OF OFFICER REQUESTING EXEMPTION
POST TITLE

EXEMPTION REQUESTED

INSERT DETAILS OF THE RULE/S THAT YOU ARE SEEKING EXEMPTION FROM
RULE NO. […]

BACKGROUND AND REASONS FOR THE REQUEST

Explain the reason why the exemption is requested and the reasons which justify exemption from the Contract Procedure Rules.

LEGAL IMPLICATIONS

The request must be accompanied by comments from Legal Services (via Commercial, Governance mailbox)
Comments made by:

FINANCE IMPLICATIONS

The request must be accompanied by comments from Finance (via Finance Comments mailbox)
Comments made by:

REQUESTING OFFICER SIGNATURE AND DATE OF REQUEST

SIGNED / DATE

CONSIDERATION BY SENIOR MANAGER – CP & CM

SIGNED
DATE
COMMENT

DECISION OF THE ASSISTANT DIRECTOR - FINANCE

LOG REFERENCE NUMBER
EXEMPTION APPROVED
EXEMPTION NOT APPROVED
COMMENT
DATE OF DECISION

PROCEDURE

The Assistant Director - Finance will only consider requests for exemptions from the CPRs made on the Request for Exemption form.

Corporate Procurement and Contract Management can provide assistance in completing the form and this is advised to ensure that sufficient relevant information is included in the request.

The manager requesting the exemption must complete all sections of the form and email it to the Assistant Director - Finance who will log the request.

The Assistant Director - Finance will then forward the request to the Legal Services Governance and Commercial Mailbox for Legal comments.

Legal Services will provide comments within 5 working days and once all issues are resolved will send the form to the Assistant Director - Finance.

The Assistant Director - Finance will, following consultation with the Senior Manager Legal and Democratic Services, determine the request.

The Assistant Director - Finance will return the signed decision to the requesting officer.

The Assistant Director - Finance will retain a record of the request and the decision.