Public procurement : new rules on contract prices review

The prices of public procurement / sectoral / concession contracts / framework agreements for products and services can now be revised upwards or downwards according to costs’ rise or fall as compared to the contract prices. This measure, provided for by the GEO no. 47 published in the Official Journal n° 377 of April 15, 2022, completes the provisions of the GO n° 15 of August 30, 2021, which had allowed prices adjusting only for public procurement contracts / sectoral / concession contracts / framework agreements for works.
The provisions of GEO no. 47/2022 apply to contracts / framework agreements related to objectives / investment projects / maintenance works and routine or major repairs, funded, in part or in whole, by public funds or by the own funds of the contracting authorities / contracting entities, concluded based on Laws no. 98/2016, 99/2016 and 100/2016 and the GEO No. 114/2011 on the award of specific public procurement contracts in the fields of defence and security.

The aforementioned changes are deemed non-substantial and therefore do not require opening a new award procedure, but only the conclusion of an addendum to the contract / framework agreement.

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