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Changes to the public procurement contracts due to force majeure (COVID-19)

17 / 04 / 2020
Category: Programme News

We kindly inform that regarding projects for which public procurement contracts have been concluded - in accordance with the principle of competitiveness - it is possible to make a significant change to the provisions of this contract, provided that:

  1. the change does not alter the general nature of the contract;
  2. the necessity of this change is caused by circumstances which the contracting authority, acting with due diligence, could not have foreseen;
  3. the increase in remuneration caused by each subsequent change will not exceed 50% of the value of the original contract.

All of the above conditions must be met jointly.

The current state of the pandemic (COVID-19) meets the conditions to qualify this situation as a force majeure, i.e. an exceptional situation not resulting from reasons attributable to the contracting authority, which he could not have foreseen. This means that significant changes which have arisen as a result of the virus pandemic, e.g. a change in the date of contract implementation, temporary suspension of its implementation, a change in the manner in which deliveries, services or construction works will be possible, provided that they do not change the general nature of the contract .

With regard to the third condition, it is important that any increase in remuneration accompanying the change should not exceed 50% of the value of the original contract. In the case of several subsequent changes to the contract, this limit should be related to the sum of all changes. This means that the increase in remuneration - cumulatively - cannot exceed 50% of the value of the original contract.

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