Common use of BREACH OF CONTRACT STANDING ORDERS Clause in Contracts

BREACH OF CONTRACT STANDING ORDERS. 11.1 Failure to comply in anyway with these Contract Standing Orders will be considered a breach and may result in the application of the relevant Forces or PCC’s disciplinary procedures. 11.2 Any i d e n t i f i e d breach of these Contract Standing Orders must, in the first instance, be reported in writing to the Head of the Joint Procurement Service. 11.3 All breaches shall be recorded and published for review at appropriate Board Meetings. 11.4 Budget Holders are accountable and responsible for the actions of their staff and / or any individual that they have instructed to undertake any activity that results in a breach. 11.5 Chief Officers shall review the breaches reported and in consultation with the Head of Department or Business Lead take the appropriate form of action. 11.6 Contracts will be subject to routine audit to review compliance with these Standing Orders. Waivers cannot be used to avoid the complying with requirements in EU Legislation/ PCR (Public Contracts Regulations 2015) to tender for goods and services above the relevant thresholds. Consideration may be given to an urgent waiver of Contract Standing Orders as a result of an emergency involving immediate risk to persons, property or serious disruption to services. An urgent waiver is not acceptable in situations where it may have been reasonable to have foreseen the requirement. If a request for an Urgent Waiver to Contract Standing Orders is sought then the following process should be followed: 1. The Waiver Proforma (Annexe 1) should be completed and submitted in the first instance to the Head of the Joint Procurement Service for review and endorsement. 2. The Head of the Joint Procurement Service will consider and approve waivers under £50,000 and make a recommendation to the Executive Director of Commercial and Financial Services for approval for waivers over £50,000. 3. Where the contract value is over £50,000 and the case to waiver is supported by the Head of the Joint Procurement Services, the Executive Director of Commercial and Financial Services will consider and agree waivers under £500,000 and recommend to the PCC or his/her nominated deputy for approval waivers over £500,000. 4. All contract waivers over £5,000 will be reported as detailed in Section 6. 5. All waivers are required to be reported to the relevant Joint Audit Committee post event in regular and timely manner.

BREACH OF CONTRACT STANDING ORDERS. 11.1 12.1 Failure to comply in anyway with these Contract Standing Orders will be considered a breach and may result in the application of the relevant Forces or PCC’s disciplinary procedures. 11.2 12.2 Any i d e n t i f i e d breach of these Contract Standing Orders must, must in the first instance, instance be reported in writing to the Head of the Joint Procurement Service. 11.3 All 12.3 The Head of the Joint Procurement Service will record all substantiated breaches on a Register and shall be recorded notify the relevant CC or PCC CFO in writing specifying (as a minimum) the nature, risk and published for review at appropriate Board Meetings.implications of the breach 11.4 Budget Holders are accountable and responsible for the actions 12.4 The ACO – People Services or Director of their staff and / or any individual that they have instructed to undertake any activity that results in a breach. 11.5 Chief Officers Finance shall review the breaches breach reported and in consultation with the Head of Department or Business Lead take the appropriate form of action. 11.6 12.5 Where the application of the relevant Force’s or PCC’s disciplinary procedures are recommended the ACO – People Services or Director of Finance shall report the breach to the respective Deputy Chief Constable for consideration or relevant PCC/Chief Executive as appropriate 12.6 Contracts will be subject to routine audit to review compliance with these Standing Orders. APPENDIX I - THE POLICY AND PROCESS THAT SHOULD BE FOLLOWED WHEN SEEKING A N EXCEPTION WAIVER TO CONTRACT STANDING ORDERS Waivers cannot be used to avoid the complying with requirements in EU Legislation/ Legislation / PCR (Public Contracts Regulations 201520015) to tender for goods and services above the relevant thresholdsOJEU Thresholds. Consideration may be given to an urgent waiver of Contract Standing Orders as a result of an emergency involving immediate risk to persons, property or serious disruption to services. An urgent waiver is not acceptable in situations where it may have been reasonable to have foreseen the requirement. If a request for an Urgent Waiver to Contract Standing Orders is sought then the following process should be followed: 1. The Urgent Waiver Proforma (Annexe 1) should be completed and submitted in the first instance to the Head of the Joint Procurement Service Services for review and endorsement. 2. The Head of the Joint Procurement Service Services will consider and approve waivers under £50,000 and make a recommendation to the Executive Director of Commercial and Financial Services relevant CC CFO for approval for waivers over between £50,000.50,000 and £500,000.. 3. Where the contract value is over £50,000 and the case to waiver is supported by the Head of the Joint Procurement Services, Services the Executive Director of Commercial and Financial Services relevant CC CFO will consider and agree waivers under £500,000 and recommend to the PCC or his/her nominated deputy for approval waivers over £500,000. 4. All contract waivers over £5,000 will be reported as detailed in Section 6to the Joint Procurement Board at each meeting . 5. All waivers are required to be reported to the relevant Joint Audit Committee Committees post event in a regular and timely manner.

BREACH OF CONTRACT STANDING ORDERS. 11.1 Failure to comply in anyway with these Contract Standing Orders will be considered a breach and may result in the application of the relevant Forces or PCC’s disciplinary procedures. 11.2 Any i d e n t i f i e d breach of these Contract Standing Orders must, in the first instance, be reported in writing to the Head of the Joint Procurement Service. 11.3 All breaches shall be recorded and published for review at appropriate Board Meetings. 11.4 Budget Holders are accountable and responsible for the actions of their staff and / or any individual that they have instructed to undertake any activity that results in a breach. 11.5 Chief Officers shall review the breaches reported and in consultation with the Head of Department or Business Lead take the appropriate form of action. 11.6 Contracts will be subject to routine audit to review compliance with these Standing Orders. Waivers cannot be used to avoid the complying with requirements in EU Legislation/ PCR (Public Contracts Regulations 2015) to tender for goods and services above the relevant thresholds. Consideration may be given to an urgent waiver of Contract Standing Orders as a result of an emergency involving immediate risk to persons, property or serious disruption to services. An urgent waiver is not acceptable in situations where it may have been reasonable to have foreseen the requirement. If a request for an Urgent Waiver to Contract Standing Orders is sought then the following process should be followed: 1. The Waiver Proforma (Annexe 1) should be completed and submitted in the first instance to the Head of the Joint Procurement Service for review and endorsement. 2. The Head of the Joint Procurement Service will consider and approve waivers under £50,000 and make a recommendation to the Executive Director of Commercial and Financial Services for approval for waivers over £50,000. 3. Where the contract value is over £50,000 and the case to waiver is supported by the Head of the Joint Procurement Services, the Executive Director of Commercial and Financial Services will consider and agree waivers under £500,000 and recommend to the PCC or his/her nominated deputy for approval waivers over £500,000. 4. All contract waivers over £5,000 will be reported as detailed in Section 6. 5. All waivers are required to be reported to the relevant Joint Audit Committee Committees post event in regular and timely manner.

BREACH OF CONTRACT STANDING ORDERS. 11.1 Failure to comply in anyway with these Contract Standing Orders will be considered a breach and may result in the application of the relevant Forces or PCC’s disciplinary procedures. 11.2 Any i d e n t i f i e d breach of these Contract Standing Orders must, in the first instance, be reported in writing to the Head of the Joint Procurement Service. 11.3 All breaches shall be recorded and published for review at appropriate Board Meetings. 11.4 Budget Holders are accountable and responsible for the actions of their staff and / or any individual that they have instructed to undertake any activity that results in a breach. 11.5 Chief Officers shall review the breaches reported and in consultation with the Head of Department or Business Lead take the appropriate form of action. 11.6 Contracts will be subject to routine audit to review compliance with these Standing Orders. Waivers cannot be used to avoid the complying with requirements in EU Legislation/ PCR (Public Contracts Regulations 2015) to tender for goods and services above the relevant thresholds. Consideration may be given to an urgent waiver of Contract Standing Orders as a result of an emergency involving immediate risk to persons, property or serious disruption to services. An urgent waiver is not acceptable in situations where it may have been reasonable to have foreseen the requirement. If a request for an Urgent Waiver to Contract Standing Orders is sought then the following process should be followed: 1. The Waiver Proforma (Annexe 1) should be completed and submitted in the first instance to the Head of the Joint Procurement Service for review and endorsement. 2. The Head of the Joint Procurement Service will consider and approve waivers under £50,000 and make a recommendation to the Executive Director of Commercial and Financial Services for approval for waivers over £50,000. 3. Where the contract value is over £50,000 and the case to waiver is supported by the Head of the Joint Procurement Services, the Executive Director of Commercial and Financial Services will consider and agree waivers under £500,000 up to the values detailed within 2.3 of Section 2 and recommend to the PCC or his/her nominated deputy for approval waivers over £500,000those values. 4. All contract waivers over £5,000 will be reported as detailed in Section 6. 5. All waivers are required to be reported to the relevant Joint Audit Committee post event in regular and timely manner.

BREACH OF CONTRACT STANDING ORDERS. 11.1 12.1 Failure to comply in anyway with these Contract Standing Orders will be considered a breach and may result in the application of the relevant Forces or PCC’s disciplinary procedures. 11.2 12.2 Any i d e n t i f i e d breach of these Contract Standing Orders must, in the first instance, be reported in writing to the Head of the Joint Procurement Service. 11.3 All breaches shall 12.3 Breaches will be recorded separately to waivers which are justified Single Tender Action requests and published for review at appropriate Board Meetingsreported to the Procurement Board. 11.4 Budget Holders are accountable 12.4 The Head of the Joint Procurement Service will record all substantiated breaches on a Register and responsible for shall notify the actions relevant CC or PCC CFO in writing specifying (as a minimum) the nature, risk and implications of their staff and / or any individual that they have instructed to undertake any activity that results in a the breach. 11.5 Chief Officers 12.5 The ACO/Director of Finance shall review the breaches breach reported and in consultation with the Head of Department or Business Lead take the appropriate form of action. 11.6 12.6 Where the application of the relevant Force’s or PCC’s disciplinary procedures are recommended the ACO or Director of Finance shall report the breach to the respective Deputy Chief Constable for consideration or relevant PCC/Chief Executive as appropriate. 12.7 Contracts will be subject to routine audit to review compliance with these Standing Orders. Waivers cannot be used to avoid the complying with requirements in EU Legislation/ PCR (Public Contracts Regulations 2015) to tender for goods and services above the relevant thresholds. Consideration may be given to an urgent waiver of Contract Standing Orders as a result of an emergency involving immediate risk to persons, property or serious disruption to services. An urgent waiver is not acceptable in situations where it may have been reasonable to have foreseen the requirement. If a request for an Urgent Waiver to Contract Standing Orders is sought then the following process should be followed: 1. The Urgent Waiver Proforma (Annexe 1) should be completed and submitted in the first instance to the Head of the Joint Procurement Service Services for review and endorsement. 2. The Head of the Joint Procurement Service Services will consider and approve waivers under £50,000 and make a recommendation to the Executive Director of Commercial and Financial Services relevant CC CFO for approval for waivers over between £50,00050,000 and £500,000. 3. Where the contract value is over £50,000 and the case to waiver is supported by the Head of the Joint Procurement Services, the Executive Director of Commercial and Financial Services relevant CC CFO will consider and agree waivers under £500,000 and recommend to the PCC or his/her nominated deputy for approval waivers over £500,000. 4. All contract waivers over £5,000 will be reported as detailed in Section 6to the Procurement Board at each meeting. 5. All waivers are required to be reported to the relevant Joint Audit Committee Committees post event in regular and timely manner.

BREACH OF CONTRACT STANDING ORDERS. 11.1 ‌ 12.1 Failure to comply in anyway with these Contract Standing Orders will be considered a breach and may result in the application of the relevant Forces or PCC’s disciplinary procedures. 11.2 12.2 Any i d e n t i f i e d breach of these Contract Standing Orders must, must in the first instance, instance be reported in writing to the Head of the Joint Procurement Service. 11.3 All 12.3 The Head of the Joint Procurement Service will record all substantiated breaches on a Register and shall be recorded notify the relevant CC or PCC CFO in writing specifying (as a minimum) the nature, risk and published for review at appropriate Board Meetings.implications of the breach 11.4 Budget Holders are accountable and responsible for the actions 12.4 The ACO – People Services or Director of their staff and / or any individual that they have instructed to undertake any activity that results in a breach. 11.5 Chief Officers Finance shall review the breaches breach reported and in consultation with the Head of Department or Business Lead take the appropriate form of action. 11.6 12.5 Where the application of the relevant Force’s or PCC’s disciplinary procedures are recommended the ACO – People Services or Director of Finance shall report the breach to the respective Deputy Chief Constable for consideration or relevant PCC/Chief Executive as appropriate 12.6 Contracts will be subject to routine audit to review compliance with these Standing Orders. APPENDIX I - THE POLICY AND PROCESS THAT SHOULD BE FOLLOWED WHEN SEEKING A N EXCEPTION WAIVER TO CONTRACT STANDING ORDERS‌ Formatted: Font: Bold Waivers cannot be used to avoid the complying with requirements in EU Legislation/ Legislation / PCR (Public Contracts Regulations 201520015) to tender for goods and services above the relevant thresholdsOJEU Thresholds. Consideration may be given to an urgent waiver of Contract Standing Orders as a result of an emergency involving immediate risk to persons, property or serious disruption to services. An urgent waiver is not acceptable in situations where it may have been reasonable to have foreseen the requirement. If a request for an Urgent Waiver W aiver to Contract Standing Orders is sought then the following process should be followed: 1. The Urgent Waiver Proforma (Annexe 1) should be completed and submitted in the first instance to the Head of the Joint Procurement Service Services for review and endorsement. 2. The Head of the Joint Procurement Service Services will consider and approve waivers under £50,000 and make a recommendation to the Executive Director of Commercial and Financial Services relevant CC CFO for approval for waivers over between £50,000.50,000 and £500,000.. 3. Where the contract value is over £50,000 and the case to waiver is supported by the Head of the Joint Procurement Services, Services the Executive Director of Commercial and Financial Services relevant CC CFO will consider and agree waivers under £500,000 and recommend to the PCC or his/her nominated deputy for approval waivers over £500,000. 4. All contract waivers over £5,000 will be reported as detailed in Section 6to the Joint Procurement Board at each meeting . 5. All waivers are required to be reported to the relevant Joint Audit Committee Committees post event in a regular and timely manner. Standard Waiver‌ If a Waiver of Contract Standing Orders is sought for other reasons, for example as a result of goods, services or works being of a proprietary nature, i.e. one supplier or for technical or design reasons only the original equipment manufacturer (OEM) can supply the goods or service, then the following process should be followed; 1. The Standard Waiver Proforma should be completed to include the following information: The department / division seeking the waiver Details of the proposed Contract Details of the proposed Contractor‌ The total value of the proposed Contract A detailed explanation of why an exception is being sought including the basis and evidence of the case to waiver and an assessment of the consequences if the correct tender procedure were followed; the level of detail required is proportionate to the spend and risk, 2. Supporting documentation to the Standard Waiver Proforma should include as a minimum: A business case for the proposed spend if the contract value is over £50k (e.g. what are the costs and benefits to support that expenditure) The resulting budget implications of the spend Whether the initiating Officer, the Head of the Joint Procurement Service or the ACO/Director of Finance are aware of the contractor carrying out work for the PCC or Force before and if so did the contractor carry out the contract to a reasonable standard? Any other background information or details that the ACO/Director of Finance and PCC will need to know in order to make the decision. A contact person and number for further papers or enquiries. 3. The Standard Waiver Proforma and supporting documentation should be submitted in the first instance to the Head of the Joint Procurement Service for review and endorsement. The Head of the Joint Procurement Service assessment will include the financial reliability of the contractor, given the information available. 4. The Head of the Joint Procurement Services will consider and approve waivers under £50,000 and make a recommendation to the relevant CC CFO for approval for waivers between £50,000 and £500,000. Where the contract value is over £50,000 and the case to waiver is supported by the Head of the Joint Procurement Services the relevant CC CFO will consider and agree waivers under £500,000 and recommend to the PCC or his/her nominated deputy for approval waivers over £500,000 5. All contract waivers over £5,000 will be reported to the Joint Procurement Board..

BREACH OF CONTRACT STANDING ORDERS. 11.1 12.1 Failure to comply in anyway with these Contract Standing Orders will be considered a breach and may result in the application of the relevant Forces or PCC’s disciplinary procedures. 11.2 12.2 Any i d e n t i f i e d breach of these Contract Standing Orders must, must in the first instance, instance be reported in writing to the Head of the Joint Procurement Service. 11.3 All 12.3 The Head of the Joint Procurement Service will record all substantiated breaches on a Register and shall be recorded notify the relevant CC or PCC CFO in writing specifying (as a minimum) the nature, risk and published for review at appropriate Board Meetings.implications of the breach 11.4 Budget Holders are accountable and responsible for the actions 12.4 The ACO/Director of their staff and / or any individual that they have instructed to undertake any activity that results in a breach. 11.5 Chief Officers Finance shall review the breaches breach reported and in consultation with the Head of Department or Business Lead take the appropriate form of action. 11.6 12.5 Where the application of the relevant Force’s or PCC’s disciplinary procedures are recommended the ACO or Director of Finance shall report the breach to the respective Deputy Chief Constable for consideration or relevant PCC/Chief Executive as appropriate 12.6 Contracts will be subject to routine audit to review compliance with these Standing Orders. Waivers cannot be used to avoid the complying with requirements in EU Legislation/ Legislation / PCR (Public Contracts Regulations 2015) to tender for goods and services above the relevant thresholdsOJEU Thresholds. Consideration may be given to an urgent waiver of Contract Standing Orders as a result of an emergency involving immediate risk to persons, property or serious disruption to services. An urgent waiver is not acceptable in situations where it may have been reasonable to have foreseen the requirement. If a request for an Urgent Waiver to Contract Standing Orders is sought then the following process should be followed: 1. The Urgent Waiver Proforma (Annexe 1) should be completed and submitted in the first instance to the Head of the Joint Procurement Service Services for review and endorsement. 2. The Head of the Joint Procurement Service Services will consider and approve waivers under £50,000 and make a recommendation to the Executive Director of Commercial and Financial Services relevant CC CFO for approval for waivers over between £50,00050,000 and £500,000. 3. Where the contract value is over £50,000 and the case to waiver is supported by the Head of the Joint Procurement Services, Services the Executive Director of Commercial and Financial Services relevant CC CFO will consider and agree waivers under £500,000 and recommend to the PCC or his/her nominated deputy for approval waivers over £500,000. 4. All contract waivers over £5,000 will be reported as detailed in Section 6to the Joint Procurement Board at each meeting. 5. All waivers are required to be reported to the relevant Joint Audit Committee Committees post event in regular and timely manner.

BREACH OF CONTRACT STANDING ORDERS. 11.1 ‌ 12.1 Failure to comply in anyway with these Contract Standing Orders will be considered a breach and may result in the application of the relevant Forces or PCC’s disciplinary procedures. 11.2 12.2 Any i d e n t i f i e d breach of these Contract Standing Orders must, must in the first instance, instance be reported in writing to the Head of the Joint Procurement Service. 11.3 All 12.3 The Head of the Joint Procurement Service will record all substantiated breaches on a Register and shall be recorded notify the relevant CC or PCC CFO in writing specifying (as a minimum) the nature, risk and published for review at appropriate Board Meetings.implications of the breach 11.4 Budget Holders are accountable and responsible for the actions 12.4 The ACO/Director of their staff and / or any individual that they have instructed to undertake any activity that results in a breach. 11.5 Chief Officers Finance shall review the breaches breach reported and in consultation with the Head of Department or Business Lead take the appropriate form of action. 11.6 12.5 Where the application of the relevant Force’s or PCC’s disciplinary procedures are recommended the ACO or Director of Finance shall report the breach to the respective Deputy Chief Constable for consideration or relevant PCC/Chief Executive as appropriate 12.6 Contracts will be subject to routine audit to review compliance with these Standing Orders. APPENDIX I - THE POLICY AND PROCESS THAT SHOULD BE FOLLOWED WHEN SEEKING AN EXCEPTION TO CONTRACT STANDING ORDERS‌ Waivers cannot be used to avoid the complying with requirements in EU Legislation/ PCR (Public Contracts Regulations 2015) Legislation to tender for goods and services above the relevant thresholdsOJEU Thresholds. Consideration may be given to an urgent waiver of Contract Standing Orders as a result of an emergency involving immediate risk to persons, property or serious disruption to services. An urgent waiver is not acceptable in situations where it may have been reasonable to have foreseen the requirement. If a request for an Urgent Waiver to Contract Standing Orders is sought then the following process should be followed: 1. The Urgent Waiver Proforma (Annexe 1) should be completed and submitted in the first instance to the Head of the Joint Procurement Service Services for review and endorsement. 2. The Head of the Joint Procurement Service Services will consider and approve waivers under £50,000 and make a recommendation to the Executive Director of Commercial and Financial Services relevant CC CFO for approval for waivers over between £50,000.50,000 and £500,000.. 3. Where the contract value is over £50,000 and the case to waiver is supported by the Head of the Joint Procurement Services, Services the Executive Director of Commercial and Financial Services relevant CC CFO will consider and agree waivers under £500,000 and recommend to the PCC or his/her nominated deputy for approval waivers over £500,000. 4. All contract waivers over £5,000 will be reported as detailed in Section 6to the Joint Procurement Board at each meeting . 5. All waivers are required to be reported to the relevant Joint Audit Committee Committees post event in a regular and timely manner. Standard Waiver‌ If a Waiver of Contract Standing Orders is sought for other reasons, for example as a result of goods, services or works being of a proprietary nature, i.e. one supplier or for technical or design reasons only the original equipment manufacturer (OEM) can supply the goods or service, then the following process should be followed; 1. The Standard Waiver Proforma should be completed to include the following information:The department / division seeking the waiver Details of the proposed Contract Details of the proposed Contractor The total value of the proposed Contract A detailed explanation of why an exception is being sought including the basis and evidence of the case to waiver and an assessment of the consequences if the correct tender procedure were followed; the level of detail required is proportionate to the spend and risk, 2. Supporting documentation to the Standard Waiver Proforma should include as a minimum: A business case for the proposed spend if the contract value is over £50k (e.g. what are the costs and benefits to support that expenditure) The resulting budget implications of the spend Whether the initiating Officer, the Head of the Joint Procurement Service or the ACO/Director of Finance are aware of the contractor carrying out work for the PCC or Force before and if so did the contractor carry out the contract to a reasonable standard? Any other background information or details that the ACO/Director of Finance and PCC will need to know in order to make the decision. A contact person and number for further papers or enquiries. 3. The Standard Waiver Proforma and supporting documentation should be submitted in the first instance to the Head of the Joint Procurement Service for review and endorsement. The Head of the Joint Procurement Service assessment will include the financial reliability of the contractor, given the information available. 4. The Head of the Joint Procurement Services will consider and approve waivers under £50,000 and make a recommendation to the relevant CC CFO for approval for waivers between £50,000 and £500,000. Where the contract value is over £50,000 and the case to waiver is supported by the Head of the Joint Procurement Services the relevant CC CFO will consider and agree waivers under £500,000 and recommend to the PCC or his/her nominated deputy for approval waivers over £500,000 5. All contract waivers over £5,000 will be reported to the Joint Procurement Board..

BREACH OF CONTRACT STANDING ORDERS. ‌ 11.1 Failure to comply in anyway with these Contract Standing Orders will be considered a breach and may result in the application of the relevant Forces or PCC’s disciplinary procedures. 11.2 Any i d e n t i f i e d breach of these Contract Standing Orders must, in the first instance, be reported in writing to the Head of the Joint Procurement Service. 11.3 All breaches shall be recorded and published for review at appropriate Board Meetings. 11.4 Budget Holders are accountable and responsible for the actions of their staff and / or any individual that they have instructed to undertake any activity that results in a breach. 11.5 Chief Officers shall review the breaches reported and in consultation with the Head of Department or Business Lead take the appropriate form of action. 11.6 Contracts will be subject to routine audit to review compliance with these Standing Orders. APPENDIX A THE POLICY AND PROCESS THAT SHOULD BE FOLLOWED WHEN SEEKING A WAIVER TO CONTRACT STANDING ORDERS‌ Waivers cannot be used to avoid the complying with requirements in EU Legislation/ PCR (Public Contracts Regulations 2015) to tender for goods and services above the relevant thresholds. Consideration may be given to an urgent waiver of Contract Standing Orders as a result of an emergency involving immediate risk to persons, property or serious disruption to services. An urgent waiver is not acceptable in situations where it may have been reasonable to have foreseen the requirement. If a request for an Urgent Waiver to Contract Standing Orders is sought then the following process should be followed: 1. The Waiver Proforma (Annexe 1) should be completed and submitted in the first instance to the Head of the Joint Procurement Service for review and endorsement. 2. The Head of the Joint Procurement Service will consider and approve waivers under £50,000 and make a recommendation to the Executive Director of Commercial and Financial Services for approval for waivers over £50,000. 3. Where the contract value is over £50,000 and the case to waiver is supported by the Head of the Joint Procurement Services, the Executive Director of Commercial and Financial Services will consider and agree waivers under £500,000 and recommend to the PCC or his/her nominated deputy for approval waivers over £500,000. 4. All contract waivers over £5,000 will be reported as detailed in Section 6. 5. All waivers are required to be reported to the relevant Joint Audit Committee post event in regular and timely manner.

BREACH OF CONTRACT STANDING ORDERS. 11.1 12.1 Failure to comply in anyway with these Contract Standing Orders will be considered a breach and may result in the application of the relevant Forces or PCC’s disciplinary procedures. 11.2 12.2 Any i d e n t i f i e d breach of these Contract Standing Orders must, in the first instance, be reported in writing to the Head of the Joint Procurement Service. 11.3 All breaches shall 12.3 Breaches will be recorded separately to waivers which are justified Single Tender Action requests and published for review at appropriate Board Meetingsreported to the Procurement Board. 11.4 Budget Holders are accountable 12.4 The Head of the Joint Procurement Service will record all substantiated breaches on a Register and responsible for shall notify the actions relevant PCC CFO and the CC’s CFO th r oug h the J oint P r o cu rem e nt B o ar d r ep or t , specifying (as a minimum) the nature, risk and implications of their staff and / or any individual that they have instructed to undertake any activity that results in a the breach. 11.5 Chief Officers 12.5 The Executive Director of Commercial & Finance Services shall review the breaches breach reported and in consultation with the Head of Department or Business Lead take the appropriate form of action. 11.6 12.6 Where the application of the relevant Force’s or PCC’s disciplinary procedures are recommended the Executive Director of Commercial & Finance Services shall report the breach to the respective Deputy Chief Constable for consideration or relevant PCC/Chief Executive as appropriate. 12.7 Contracts will be subject to routine audit to review compliance with these Standing Orders. Waivers cannot be used to avoid the complying with requirements in EU Legislation/ PCR (Public Contracts Regulations 2015) to tender for goods and services above the relevant thresholds. Consideration may be given to an urgent waiver of Contract Standing Orders as a result of an emergency involving immediate risk to persons, property or serious disruption to services. An urgent waiver is not acceptable in situations where it may have been reasonable to have foreseen the requirement. If a request for an Urgent Waiver to Contract Standing Orders is sought then the following process should be followed: 1. The Urgent Waiver Proforma (Annexe 1) should be completed and submitted in the first instance to the Head of the Joint Procurement Service Services for review and endorsement. 2. The Head of the Joint Procurement Service Services will consider and approve waivers under £50,000 and make a recommendation to the Executive Director of Commercial and Financial Services relevant CC CFO for approval for waivers over between £50,00050,000 and £500,000. 3. Where the contract value is over £50,000 and the case to waiver is supported by the Head of the Joint Procurement Services, the Executive Director of Commercial and Financial Services relevant CC CFO will consider and agree waivers under £500,000 and recommend to the PCC or his/her nominated deputy for approval waivers over £500,000. 4. All contract waivers over £5,000 will be reported as detailed in Section 6to the Procurement Board at each meeting. 5. All waivers are required to be reported to the relevant Joint Audit Committee Committees post event in regular and timely manner.