Overview
The guidance documents are intended to provide technical guidance and help with interpretation and understanding of the Procurement Act 2023.
The guidance documents should be read in conjunction with the Procurement Act 2023 and its associated regulations and are aimed at procurement practitioners and commercial policy leads in contracting authorities. They are intended to provide technical guidance and help with interpretation and understanding of the Procurement Act 2023.
Following the award of a contract, changes (referred to as modifications in the Procurement Act 2023 (Act)) may need to be made to that contract to ensure it can be successfully fulfilled, as demands and circumstances change throughout its lifetime.
The Act gives contracting authorities legal certainty when making modifications, setting out ten grounds in total on which public contracts or ‘convertible contracts’ may be modified during their term, provided the relevant requirements are met. If a modification cannot be justified on at least one of the grounds, the modification is not permitted and a new procurement must be carried out if the contracting authority wishes to implement the subject-matter of the modification.
Modifications to below-threshold contracts (unless they are convertible contracts) and light touch contracts do not need to be justified on one of the ten grounds; they may be freely modified under the Act. Except where expressly set out, the guidance applies to public contracts only and not below-threshold contracts.
Legal framework
- Sections 74 - 77
- Schedule 8
- Regulation 40
Other guidance relevant to this area
- Valuation of contracts
- Competitive tendering procedures
- Direct award Guidance on contract award notices and standstill
- Publication of information