Prices of construction materials, which are rising at a very fast pace, raise the problem of public procurement contract valorization. Although the current law has facilitated this process, the provisions of the previous public procurement law will apply to the majority of contracts. So what should we remember about?
It is worth remembering that the provisions of the Public Procurement Law of 2004 apply to agreements concluded before 1 January 2021, as well as to those concluded after the New Year, however, as a result of proceedings initiated before the effective date of the current act.
The general rule of the previous regulations was the PROHIBITION OF AMENDMENTS OF PUBLIC CONTRACTS. An exception to this rule was possible, for example, when the need for an amendment resulted from circumstances that the contracting authority could not foresee, and the value of the amendment did not exceed 50% of the original contract value.
Although the practice of applying this regulation left much to be desired, it was assumed that a CHANGE IN THE PRICE OF MATERIALS OR INCREASE IN THE REMUNERATION RATE JUSTIFY A VALUATION OF THE CONTRACT. This is very good news in the current situation.