Changes to award criteria and contracts
Produced in partnership with Lee Digings of Lee Digings Associates
Changes to award criteria and contracts

The following Local Government practice note Produced in partnership with Lee Digings of Lee Digings Associates provides comprehensive and up to date legal information covering:

  • Changes to award criteria and contracts
  • Brexit impact—public procurement
  • Implications of changes during the public procurement procedure and contract lifecycle
  • What changes can be made to contract award criteria?
  • What changes can be made to contracts?
  • Modification under the Public Contracts Regulations 2015
  • Termination under the Public Contracts Regulations 2015
  • Guidance from the Crown Commercial Service

Brexit impact—public procurement

The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.

Implications of changes during the public procurement procedure and contract lifecycle

This Practice Note considers the implications of making changes during a procurement procedure and the subsequent contract management phase when the public contract in question is subject to the EU public procurement rules (see Practice Note: Introduction to public contracts procurement).

The Practice Note focuses on:

  1. changes to contract award criteria

  2. changes to contracts

It looks first at the EU and domestic case law before moving on to discuss how certain principles derived from the EU case law (notably pressetext, Case C-454/06) are codified in Directive 2014/24/EU (Public Contracts Directive) and transposed in the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015).

A series of cases set the parameters for changes in these two respects and contracting authorities need to align their procedures with the guidance from the courts and, as regards changes to contracts, the PCR 2015.

What changes can be made to contract award criteria?

Under the PCR 2015, a contracting authority can choose to award a public contract on

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