Modification and termination of public contracts
Produced in partnership with Jonathan Blunden of DLA Piper UK LLP

The following Public Law practice note produced in partnership with Jonathan Blunden of DLA Piper UK LLP provides comprehensive and up to date legal information covering:

  • Modification and termination of public contracts
  • Brexit impact—public procurement
  • Public procurement reform
  • Modification of public contracts
  • Introduction
  • PCR 2015 Regulation 72
  • What contracts or framework agreements are caught by regulation 72?
  • The six ‘safe harbours’
  • Pressextext
  • Safe harbour 1—express review clauses
  • More...

Modification and termination of public contracts

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 and remains in force as retained EU law. See Practice Notes: Introduction to retained EU law and Retained EU law—quick guide.

The treatment of European Court of Justice (ECJ) case-law referred to in this Practice Note for the purposes of interpreting retained EU law is set out in European Union (Withdrawal) Act 2018 and accompanying Regulations.

Public procurement reform

The UK Government has published proposals to reform the public procurement regime. Should these reforms be enacted, the contents of this Practice Note will be affected. For background reading, see News Analysis: Public procurement reform in the UK—three key take-aways from the government response to the Green Paper Consultation on Transforming Public and Q&A: What is happening with public procurement reform post Brexit?

Modification of public contracts

Introduction

This Practice Note provides guidance on the modification and termination of public contracts and framework agreements caught by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (as amended by the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020, SI 2020/1319 (PPAR 2020).

PCR 2015, and the public procurement regime more generally, limits the circumstances in which public contracts and framework agreements can lawfully be varied. PCR 2015 also imposes scenarios where a public contract

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