(a) where exceptional requirements make it impossible, impractical or uneconomical to comply with these Regulations;

(b) where market conditions or behaviour do not allow effective application of these Regulations; or

(c) for specialised or particular requirements that are regulated or governed by harmonised international standards or practices.

340. (1) An application for a deviation from the use of a procurement or disposal method or document shall be submitted to the Authority in writing.

(2) An application for deviation shall include-
(a) a statement of the method, rule or documentation from which a deviation is required;

(b) the reasons for deviation from a procurement and disposal method, rule or documentation, including an explanation of the exceptional requirements or market conditions or the international standards or practices which regulate or govern the requirement;

(c) an explanation of the proposed alternative method or rule or a copy of the proposed alternative document, including a summary of how it differs from the standard method, rule or documentation;

(d) a statement of how a procuring and disposing entity shall ensure compliance with the intentions and standards of the public procurement and disposal principles, rules, methods or documentation as far as is practical;

(e) a statement of whether the deviation is required for a single requirement or for a number of requirements of the same class over a period of time; and

(f) any other relevant information.

(3) The Authority shall consider each application and issue its decision within ten working days after receipt of the application.

(4) The Authority may approve an application as submitted, approve an application with modifications or conditions or reject an application, stating the reasons for the rejection.

(5) An approval of an application to deviate from a public procurement or disposal method, rule or document shall state whether the approval is for a single requirement or for a number of requirements of the same class.
(6) Where the approval is for a number of requirements, the Authority shall state the duration, maximum value or other limitations, circumstances or conditions of use of the alternative.

(7) A deviation from a public procurement method or document for a specified period of time may be resubmitted to the Authority for renewal and any application for renewal shall include the information in subregulation (2).

(8) Where a deviation is requested from a standard document, the Authority may, where it considers it appropriate, adopt the proposed alternative document as an additional standard document.

341. (1) The Authority shall maintain a register of all deviations issued to a procuring and disposing entity.

(2) The register shall contain details necessary for the Authority to -

(a) monitor compliance with the terms of any deviation granted; and

(b) assess the effectiveness of any deviations granted; and

(c) analyse trends in the profile of deviations granted.

(3) Where a procuring and disposing entity does not comply with the terms of a deviation granted, the Authority may require an accounting officer to take steps to ensure compliance or revoke the deviation in writing, stating the reasons.

(4) The Authority shall assess the effectiveness of an individual deviation, to determine whether it provides an effective solution to the problem that led to the need for the deviation.

(5) The Authority shall analyse trends in the profile of a deviation granted on a periodic basis, to determine whether-
(a) any changes are required to these Regulations, the guidelines or standard documents;

(b) additional guidelines, providing further rules and guidance on a particular issue should be issued; or

(c) additional standard documents are required to meet a particular need.

342. (1) The Authority may accredit an alternative procurement and disposal system where a procuring and disposing entity -

(a) operates in a specialised field or discipline which requires alternative or additional regulations;

(b) has a status which requires alternative or additional regulations;

(c) is required to use an alternative system to comply with the provisions of international or any other agreements; or

(d) has other reasonable grounds for using an alternative system.

(2) An alternative accredited system shall be substantially compliant with the Act, these Regulations, guidelines and standard solicitation documents.

(3) An accounting officer shall submit an application for accreditation of an alternative system, supported by-

(a) full details of the alternative system;

(b) an analysis of the ways in which the alternative system differs from the Act, these Regulations, guidelines and standard solicitation documents; and

(c) a justification for using an alternative system, including a copy of any relevant agreement or legislation.
(4) The Authority shall issue its decision within twenty working days after the date of receipt of the application for an accreditation and all required information.

(5) The Authority may accept an application for accreditation, reject an application for accreditation or accept an application for accreditation subject to certain changes to the system.

(6) Where the Authority rejects an application or requires changes to a system, it shall give its reasons in writing.

(7) The Authority shall monitor the operation of an accredited procurement or disposal system and shall require changes to the system or withdraw the accreditation, where appropriate.