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- Thanks to the clarification of section 72 of the PCR Act 2015, room for changes to a public contract can be allowed for in the original agreement, saving both private and public organisations thousands (if not millions) of pounds in having to terminate a public contract and issue another award.
www.fisherscogginswaters.co.uk/blog/article/247/changing-a-public-procurement-contractChanging a Public Procurement Contract? - Fisher Scoggins Waters
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Can a contractor amend a contract with a public authority?
Can a contracting authority modify a public contract?
What are the current rules on modification of public contracts?
Why would a contracting authority need an amendment?
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 re-advertise in OJEU. Permissible...
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Contractors and professional advisers must exercise caution when agreeing to an amendment of an existing contract with a public authority or utility.
In answering this Q&A we have considered whether, prior to concluding a public contract Tendered under the Restricted procedure, the contract terms advertised can be negotiated with the preferred bidder and subsequently amended—and what might happen if this was to take place.
- Facts of The Case
- The Decision
- Why Is This Case Important For Contracting Authorities?
Essex County Council (the Council) has statutory responsibilities for disposing of wastein its area and had contracted Veolia via an IWHC for a duration of eight years and five months with an option to extend for a further seven years. Veolia’s responsibilities included running the recycling centres for household waste, the waste transfer stations ...
Justice Waksman reviewed the different elements that render a modification a substantial one and considered whether they were applicable to this case.
This judgement gives contracting authorities further guidance on the application of Regulation 72 and when a modification to contracts is permissible without the need for a new procurement process. An emphasis was placed on the relatively minor scale of the modifications and contracting authorities should strive to keep changes to the minimum requi...
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen; (ii) the modification does not alter the overall nature of...
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).
The Public Contracts Regulations 2015 is up to date with all changes known to be in force on or before 25 September 2024. There are changes that may be brought into force at a future date.
