Q&As

Can a public contract which has been extended to the fullest extent provided in the OJEU notice and contract documents be extended further by a modification under regulation 72 of the Public Contracts Regulations 2015?

read titleRead full title
Produced in partnership with Brendan Ryan of Norton Rose Fulbright
Published on LexisPSL on 18/08/2016

The following Public Law Q&A Produced in partnership with Brendan Ryan of Norton Rose Fulbright provides comprehensive and up to date legal information covering:

  • Can a public contract which has been extended to the fullest extent provided in the OJEU notice and contract documents be extended further by a modification under regulation 72 of the Public Contracts Regulations 2015?

Regulation 72 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (SI 2015/102, reg 72) is aimed at clarifying the extent to which concluded public contracts may be amended without advertising a new tender process.

The provisions concerning permitted modifications under SI 2015/102, reg 72, with the exception of the ground in SI 2015/102, reg 72(1)(a), do not expressly exclude the possibility of making modifications to a public contract which has been extended to the fullest extent provided for in the Official Journal of the European Union (OJEU) contract notice and in the contract documents. It is critical, however, that any modification made pursuant to SI 2015/102, reg 72 can be correctly justified by applying one of the grounds provided, some of which are considered below by way of example.

SI 2015/102, reg 72(1)(a) provides:

'(1) Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:—

(a) where the modifications, irrespective of their monetary value, have been provided for in the initial procurement documents in clear, precise and unequivocal review clauses, which may include price revision clauses or options, provided that such clauses—

(i) state the scope and nature of possible modifications or options as well as the conditions under which they may be used, and

(ii) do not provide for modifications or options that would

Related documents:

Popular documents