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Plain-language definitions of every Contract Modifications & Amendments term that shows up in government tender work.
Additional works, services or supplies are extra deliverables added to an existing public contract under Article 72(1)(b) of Directive 2014/24/EU, permitted without a new procedure where they were not included in the original contract, could not have been foreseen, are technically or economically inseparable from the original, and the value increase does not exceed 50% of the original contract value.
Read definitionA change of contractor is the substitution of the original winning supplier with a different legal entity during the life of a public contract, which is generally treated as a substantial modification requiring a new procurement procedure under Article 72(1)(d) of Directive 2014/24/EU, except in three narrowly defined circumstances.
Read definitionA contract modification is any change made to the terms, scope, price, or duration of a public contract after it has been awarded, governed in European procurement by Article 72 of Directive 2014/24/EU, which sets out strict conditions under which modifications are lawful without triggering a new procurement procedure.
Read definitionA contract variation order is a formal instruction issued by a contracting authority during contract performance that directs the contractor to change the scope, method, sequence, or quantity of work, typically under a power reserved in the contract, and may or may not result in a price or time adjustment depending on the nature of the variation.
Read definitionA de minimis modification is a low-value change to a public contract that falls below both the EU procurement thresholds and 10% of the original contract value (15% for works contracts), permitted without a new procurement procedure under Article 72(2) of Directive 2014/24/EU regardless of the reason for the change.
Read definitionA modification notice publication is the formal public announcement in the Official Journal of the EU (via TED) or a national procurement portal that a contracting authority is required to make when it modifies a public contract under Article 72(1)(b) or (c) of Directive 2014/24/EU where the modification value exceeds the relevant EU procurement threshold.
Read definitionThe modification threshold, commonly called the 10%/15% rule, is the de minimis value limit under Article 72(2) of Directive 2014/24/EU below which a contracting authority may modify a public contract without a new procurement procedure, set at 10% of the original contract value for services and supplies and 15% for works, provided the modification also falls below the relevant EU procurement threshold.
Read definitionA modification without new procedure is a contract change that a contracting authority makes to an existing public contract without re-running the procurement, permitted under Article 72 of Directive 2014/24/EU only in clearly defined circumstances such as review clauses, unforeseen circumstances, or de minimis value changes.
Read definitionA non-substantial modification is a change to a public contract that does not materially alter its character, economic balance, or competitive landscape, and therefore does not require a new procurement procedure under Article 72 of Directive 2014/24/EU, provided it falls within one of the permitted grounds.
Read definitionA price revision clause is a contractual provision agreed at the time of award that allows the contract price to be adjusted during performance according to a pre-defined formula, index, or mechanism, avoiding the need for a new procurement procedure each time market conditions change the cost of delivery.
Read definitionA review clause is a clear, precise, and unambiguous provision written into public contract documents at the time of procurement that defines the scope, conditions, and limits of any future modification, allowing contracting authorities to make anticipated changes without a new procedure under Article 72(1)(a) of Directive 2014/24/EU.
Read definitionA substantial modification is a change to a public contract that is so significant in scope, price, character, or competitive impact that it effectively amounts to a new contract, requiring a fresh procurement procedure under Article 72(4) of Directive 2014/24/EU rather than a simple amendment.
Read definitionA supplementary agreement is a bilateral written instrument signed by both the contracting authority and the contractor that formally records and implements an agreed modification to a public contract, giving legal effect to a change that has been assessed and approved as lawful under Article 72 of Directive 2014/24/EU or equivalent national law.
Read definitionAn unforeseen circumstances modification is a contract change permitted under Article 72(1)(c) of Directive 2014/24/EU where a diligent contracting authority could not have anticipated the need for the modification at the time of contract award, subject to the requirement that the cumulative value increase does not exceed 50% of the original contract value.
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