Modification of public contracts, when and how is it carried out?

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Although public procurement is governed by a series of principles, among which are the inalterability or invariability of what is established by the parties, the truth is that there are assumptions under which contracts could be modified . awarded administrative services . II. Applicable legal regime Law /, of November , on Public Sector Contracts, by which the Directives of the European Parliament and of the Council //EU and //EU, of February , are transposed into the Spanish legal system. of (hereinafter LCSP), regulates the modification of public contracts , in articles to , which are included in Chapter I “On actions related to the contracting of Public Administrations” of Title I “ General provisions” of the Second Book “On Public Administration Contracts”. III. Cases in which the modification of contracts is appropriate The LCSP articulates a series of cases in which it is appropriate to modify the contract with the Administration : (i) in the succession of the contractor's person (ii) in the assignment of the contract (iii) in the review of prices and (iv) in extending the contract execution period.

Aside from these assumptions, in accordance with article of the LCSP, only the following may be modified : For reasons of public interest. During the term of the contract , it may be modified : when Cell Phone Number List provided for in the Specific Administrative Clauses (hereinafter PCAP), according to article of the LCSP or when not provided for, according to article of the LCSP. IV. Contract modifications during its validity As we have already anticipated, the contract may be modified during its validity in the following cases: A) When provided by the PCAP. The contract may be modified up to % of the initial price as long as the clause establishing it does so in a clear, precise and unequivocal manner. The clause must contain: (i) The scope, limit and nature. (ii) Conditions for its use. (iii) The procedure to follow to proceed with the modification of the public contract . The modification of new unit prices and modifications that alter the global nature of the contract can never be foreseen (for example, when the works covered by the contract are replaced, not being understood to be applicable in the event that the modification affects a unit of work). B) When it is not provided for by the PCAP.



Administrative contracts may only be modified when they respond to changes that are considered essential for any of the following assumptions to be met. (i) When it is unavoidable to increase works, supplies or services to those already contracted . The following requirements must be met: Firstly, there could not be a change of contractor for economic or technical reasons and that the change of contractor entails inconvenience for the contracting body or a substantial increase in costs. Secondly, the modification cannot be greater, alone or together with other modifications, than % of the initial price of the contract (VAT excluded). (ii) When the modification responds to an unexpected situation and the following requirements are met : That the Administration could not have foreseen it. That the global nature of the contract is not altered. That the modification is not greater, alone or together with other modifications , than % of the initial price of the contract (VAT excluded). (iii) If the modifications are not substantial, they must be justified by indicating why the benefits were not included in the initial contract . And when is a substantial modification considered? Firstly, when if it had been introduced in the initial contract, it would have meant being able to select different candidates or the acceptance of a different offer.