Modification of public contracts - PPA, reminder to institutions: Changes, only when provided for by law
The Public Procurement Agency requests contracting authorities and entities to implement the legislation in force for the modification of contracts and framework agreements during their duration.
The recommendation follows monitoring conducted by the PPA on the implementation of public procurement legislation and aims to clarify the practices that should be followed by contracting authorities in cases where contracts are amended after signing.
According to the PPA, modification of contracts or framework agreements during their implementation is permitted only in cases expressly provided for in Article 127 of the Law “On Public Procurement”. Any change outside these cases is considered a legal violation and remains the direct responsibility of the contracting authority or entity.
The Agency emphasizes that contract modifications do not require prior approval from the PPA, but contracting authorities are obliged to assess in advance the legal basis of the change and, if it is made, reflect it in detail in the Electronic Procurement System.
In terms of procedure, any contract modification must be registered as a new element in the SPE, in the category “Contract Modification”, and be accompanied by the publication of the Contract Modification Notification Form with the PPA. The authorities must clearly argue the legal situation that justifies the change, documenting the circumstances and the relevant legal basis.
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