Q&As

Do the rules on modification of contracts under the Concessions Contracts Regulations 2016, SI 2016/273, apply to an extension to a below-threshold concession contract awarded before those rules entered into force?

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Published on LexisPSL on 02/03/2020

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • Do the rules on modification of contracts under the Concessions Contracts Regulations 2016, SI 2016/273, apply to an extension to a below-threshold concession contract awarded before those rules entered into force?
  • Concessions Contracts Regulations 2016 rules on modification of concession contracts during their term
  • Application of CCR 2016, SI 2016/273 rules on modification to a concession contract extension
  • Other points to note

Concessions Contracts Regulations 2016 rules on modification of concession contracts during their term

The rules regarding modifications to concession contracts under the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273, are broadly similar to those applicable to public contracts under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. For background reading, see Practice Note: Introduction to concession contracts procurement.

For related reading on modification and termination of public contracts under PCR 2015, SI 2015/102, see:

  1. Practice Note: Modification and termination of public contracts

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

  3. Guidance: Crown Commercial Service Guidance on Amendments to Contracts During Their Term

CCR 2016, SI 2016/273, reg 43 contains rules aimed at clarifying the extent to which a concluded concession contract may be amended without advertising and conducting a new concession contract award procedure. A modification to a concession contract may be considered a new contract, requiring a fresh procurement exercise, unless it falls within one of the prescribed exceptions specified in CCR 2016, SI 2016/273, reg 43. A concession contract modified pursuant to these rules must be justified by application of the relevant grounds and follow the relevant specified requirements. A modification may be permitted for instance where:

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