New Public Procurement Legislation – Practical Aspects From A Supplier Perspective

The new Public Procurement Act (the PPA) en­tered in­to force in 2017 and con­tains plen­ty of sig­nif­i­cant changes com­pared to pre­vi­ous leg­is­la­tion that are nec­es­sary for sup­pli­ers to be aware of.

Amendments in pub­lic con­tracts

There have pre­vi­ous­ly been no spe­cif­ic rules in the PPA re­gard­ing amend­ments of con­tracts. In the new PPA, how­ev­er, there are de­tailed rules in this re­gard. If a con­tract is amend­ed in breach of the PPA, the con­tract can be de­clared in­ef­fec­tive by the ad­min­is­tra­tive courts. Naturally, it is very im­por­tant for a sup­pli­er to be fa­mil­iar with these new rules in or­der to as­sess whether or not a pro­posed amend­ment is per­mit­ted. The new rules al­so ap­ply to con­tracts en­tered in­to be­fore 2017, which means that all ex­ist­ing pub­lic con­tracts are sub­ject to this new leg­is­la­tion.