Statement regarding possible changes in the procurement contracts (principle of competitiveness) due to force majeure 2020-04-16, Category: Programme news

We would like to inform you that if within the projects, beneficiaries signed the contract regarding public procurement – in accordance with the principle of competitiveness – it is possible to make a significant change in this contract.

This change must not change the general nature of the contract and:

• is caused by the circumstances, which could not have been foreseen, and such circumstances have not resulted from the contracting authority, acting with due diligence,
• the increase of the salary caused by each subsequent change will not exceed 50% of the value of the original contract.

The current state of the epidemic (SARS-CoV-2) meet the conditions to be qualified as a force majeure, i.e. an exceptional situation not resulting from reasons attributable to the contracting authority, which he could not foresee. It means that significant changes that have occurred as a result of a virus pandemic e.g.:

• changing the date of carrying out of a contract;
• temporary suspension of its performing;
• change in the way of performing supplies, services or construction works;

will be possible if they do not change the general nature of the contract.

With reference to the second condition, it is important that any increase of the salary accompanying the change will not exceed 50% of the value of the original contract. In the case of several changes in the contract, this limit must be relevant to the sum of all changes. It means that increase of the salary – cumulatively – cannot exceed 50% of the original contract value.