Overview
This regulation sets out the grounds (or ‘safe harbours’) that enable contracting authorities to modify PCR 2015-regulated contracts and framework agreements without conducting a new procurement procedure.
The permitted modification grounds set out various conditions that must be satisfied in order to rely on the relevant ‘safe harbour’. Permitted modification grounds include certain circumstances where:
a) modifications are set out in the initial procurement documents in clear, precise and unequivocal review clauses
b) additional goods, works and services up to 50% of the original contract value have become necessary and a change of supplier cannot be made for economic or technical reasons
c) changes have been brought about by circumstances which the contracting authority could not have foreseen, and any increase in price does not exceed 50% of the original contract value
d) a new contractor replaces the one to which the contracting authority initially awarded the contract
e) the modification, irrespective of value, is non-substantial
f) the value of the modification is below certain ‘de minimis’ thresholds (applied cumulatively to successive changes.
The conditions relating to modification grounds (b) and (c), above, also include a requirement for the contracting authority to publish a modification notice on Find a Tender to advertise the contract change.