Changes to existing contracts under the EU public procurement rules and the drafting of review clauses to avoid the need for a new tender
Author: Kristian Hartlev, Morten Wahl Liljenbøl
Contracting authorities and private suppliers often wish to change existing contracts awarded on the basis of a public tender.
A series of factors may trigger the wish to change an existing contract. Often, at least where more complex tenders are concerned, it may be difficult for the contracting authority to fully identify and describe its requirements at the tender stage. The exact scope of the contracting authority's requirements and their fulfillment may only become quite clear once the supplier has been selected. It may therefore become necessary to modify the subject of the contract if it turns out that the solution offered does not fully comply with the contracting authority's (subsequently realised) requirements. It may also be assumed in the contract tendered that final specification of the solution is one of the contractual requirements, which is known, inter alia, from partnering agreements and agile development processes.
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