Abstract

In the practice and theory of public procurement, the limits of permissible modification of obligations under the final contracts continue to arouse doubts, especially with a view to the limitations under Art. 140 and 144 of the Public Procurement Act. A crucial stabilizing role is played here by national and European judicature. At present, the conditions for permissible changes with respect to the object of a contract and the ban on significant changes as regards other elements of the obligation are of utmost importance, though procedural issues are also not without meaning. As regards the 2014 amendment of the Public Procurement Act the practical role of contractual renegotiation clauses has increased, which makes it necessary to clarify permissibility and the minimum contents of those clauses, as well as the relation to automatic adaptation clauses. The situation will probably further change in view of the approaching implementation of new EU directives to the Polish public procurement law providing for a considerable increase of the application of renegotiation clauses.