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- An amendment refers to changes made after the original contract has been signed, and may take a variety of forms, including redline or strike-through text, a letter form, or even hand writing the amendment at the bottom of the contract. It is important for the amendment to be as specific as possible, avoiding ambiguity or confusion.
legaldictionary.net/amendment/Amendment - Definition, Examples, Processes - Legal Dictionary
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Sep 4, 2024 · What are contract modifications? 1. Following the award of a contract, changes (referred to as modifications in the Procurement Act 2023 (Act)) may need to be made to that contract to ensure it...
- Module 9: Contract governance
The Act aims to provide a clear and comprehensive set of...
- Module 9: Contract governance
What contract amendments are allowed? 1. The Public Contracts Regulations (PCR) 2015 provide clarity about the extent to which a contract can be amended after award without the need to...
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- Introduction
- The Legal Framework - International Obligations
- Public Contracts Regulations 2015
- Utilities Contracts Regulations 2016
- Concession Contracts Regulations 2016
- The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016
- Handbooks and Guidance
- Tenders Not Covered by The Public Contracts Regulations 2015
- The Legal Framework - Domestic Legislation
- The Procurement Policy Framework
The over-riding procurement policy requirement is that all public procurement must be based on value for money, defined as “the best mix of quality and effectiveness for the least outlay over the period of use of the goods or services bought”. This should be achieved through competition, unless there are compelling reasons to the contrary. Public s...
Treaty obligations
Public procurement is subject to the EU Treatyprinciples of: 1. non-discrimination 2. free movement of goods 3. freedom to provide services 4. freedom of establishment In addition to these fundamental treaty principles, some general principles of law have emerged from the case law of the European Court of Justice. The most important of these general principles of law for you to be aware of in the procurement context are: 1. equality of treatment 2. transparency 3. mutual recognition 4. propor...
EU procurement directives
Since the 1970s, the EU has adopted legislation to ensure that the EUpublic procurement market is open and competitive and that suppliers are treated equally and fairly. The rules cover aspects such as advertising of contracts, procedures for assessing company credentials, awarding the contracts and remedies (penalties) when these rules are breached. The EU rules are contained in a series of directives that are updated from time to time. Member states have to make national legislation (regula...
Once the 2014 EUProcurement Directives came into force, the government prioritised the Public Contracts Directive for early implementation because it would deregulate and simplify the rules for where most procurement spend and activity takes place. The changes enable buyers to run procurements faster, with less red tape, and with a greater focus on...
The implementation of the Utilities Contracts Regulations 2016took effect from 18 April 2016. These regulations provide modernised rules for the procurement of goods, services and works above certain financial thresholds as explained in Procurement Policy Note 18/15by contracting entities (“utilities”) operating in the water, energy, transport and ...
The implementation of the Concession Contracts Regulationstook effect from 18 April 2016. These regulations provide rules for the award of concession contracts above certain financial thresholds by public authorities and utilities. The thresholds for Concessions are different to the Public and Utilities thresholds, further information on Concession...
The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016make consequential amendments to other legislation, including the Public Services (Social Value) Act 2012. This should be read together with The Public Contracts Regulations 2015, The Utilities Contracts Regulations 2016 and The Concession Contracts Regulations 2016.
All handbooks, guidance documents and training materials for the Public Contracts Regulations, Utilities Contracts Regulations and Concession Contracts Regulations can be found on the EU procurement directives and the UK regulations guidance page.
When a tender process is not subject to the Public Contracts Regulations (or Defence and Security Public Contracts Regulations) because the estimated value of a contract falls below the relevant threshold, you must continue to apply the principles of non-discrimination, equal treatment, transparency, mutual recognition and proportionality. Where yo...
You must adhere to the following domestic legal requirements: Small Business Enterprise and Employment (SBEE) Act 2015: you should be aware of section 39 of the act which gives the Minister for the Cabinet Office (MCO) the ability to implement secondary legislation imposing duties on public procurers in relation to procurement matters. Under Sectio...
If you are a central government buyer you must implement the procurement policies set out in the following sections.
Apr 22, 2024 · The Act aims to provide a clear and comprehensive set of grounds under which contracts may be modified post-award, to help understand when a contract may be modified, how to make a...
The Public Contracts Regulations 2015, Section 72 is up to date with all changes known to be in force on or before 23 September 2024. There are changes that may be brought into force at a future...
Contractors and professional advisers must exercise caution when agreeing to an amendment of an existing contract with a public authority or utility.
Clause 69(2) allows a contracting authority to modify a public contract or a convertible contract if it is a light touch contract (certain contracts in health and social care and other community related contracts).
