The Royal Decree amending the general rules for the execution of public procurements was published today!

There have been significant changes to the procurement rules. Those changes include inter alia the question of subcontractors and the conditions under which a contract, once concluded, can evolve.

Review clause :

The specifications must be as clear as possible in cases where the contractual relationship may change. They can contain review clauses, which must be precise, clear and unambiguous to qualify.

Modification de minimis :

Amendments whose cumulative value does not exceed 10% in supplies and services and 15% in works are unreservedly accepted, provided that the change does not reach the threshold of European advertising (currently: 209.000 euros in supplies and services, 5,225,000 in works).

Modification to 50% :

Amendments up to 50% of the original contract are allowed, subject to certain conditions:

• Either because the change of contractor is impossible for economic or technical reasons and has a major disadvantage or a substantial increase in costs;

• Either because it is a reasonably unanticipated circumstance that does not change the overall nature of the contract.

The 50% threshold is calculated separately for each modification. The calculation does not cumulate the value of successive riders to examine whether the limit of 50% is reached. Moreover, this threshold does not apply to contracting entities in the special sectors.

Unforeseeable circumstances

The thresholds and minimum amounts to invoke unforeseeable circumstances in order to obtain compensation have been reviewed. However – and more fundamentally - the contracting authority can henceforth organize a review clause in the specifications, which deviates from these amounts and thresholds, without this being a derogation from the general rules of enforcement.