Changing a contract in the case of a public procurement in light of the Public Procurement Law of September 11, 2019

Abstract

One of the basic principles of the Public Procurement Law, regulated in Article 17(2), provides that “The contract is awarded to the contractor selected in accordance with the provisions of the Act”. However, this does not mean that it cannot be changed after the signing of a public procurement contract. Frequently, the contractor, for reasons beyond his control, is not able to complete the subject of the public procurement on time. In addition, it may also be necessary to perform additional activities and even change the contractor. However, it should be remembered that in the case of making changes to the content of the public procurement contract, the content of Articles 454–455 of the Public Procurement Law should be considered. The purpose of this article is to analyse the provisions of law, doctrine and jurisprudence regarding the admissibility of making changes to the public procurement contract. The Author will try to answer the following questions: 1) “What changes to the public procurement contract can be considered significant?” and 2) “In which cases is it permissible to make changes to the public procurement contract?” The article was prepared using non-reactive research methods, dogmatic-legal and legal-comparative.