Q&As

What are the rules/grounds for modification under Public Contracts Regulations 2015, SI 2015/102?

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Published on LexisPSL on 29/09/2017

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

  • What are the rules/grounds for modification under Public Contracts Regulations 2015, SI 2015/102?
  • What are the rules/grounds for modification under Public Contracts Regulations 2015?
  • What are the relevant permissible grounds for modification of a public contract under PCR 2015 that require a modification notice to be published?
  • Can a contract be modified more than once when relying on the permissible grounds set out under PCR 2015, SI 2015/102, reg 72(1)(b) and (c)? Does the 50% limit apply to each modification or in aggregate?
  • How many modifications can be included in a modification notice?

What are the rules/grounds for modification under Public Contracts Regulations 2015?

There are specific rules relating to modification and termination of public contracts under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015, SI 2015/102).

PCR 2015, SI 2015/102, reg 72 sets out clear rules in relation to modification of public contracts and establishes permissible grounds for modification and these are stated at PCR 2015, SI 2015/102, reg 72(1)(b)–(f). Modifications which fall outside these permissible grounds will require a new procurement procedure in accordance with PCR 2015, SI 2015/102.

What are the relevant permissible grounds for modification of a public contract under PCR 2015 that require a modification notice to be published?

As stated above, the permissible grounds for modification are set out in PCR 2015, SI 2015/102, reg 72(1)(b)–(f). Under PCR 2015, SI 2015/102, reg 72(3) contracting authorities which have modified a contract under the permissible grounds described in PCR 2015, SI 2015/102, reg 72(1)(b) and (c) shall send a modificatio

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