Abstract

An amendment to a public procurement contract is an exceptional situation that is permissible only in cases provided for by law, and only in the forms specified in the provisions of the Public Procurement Law of 2004 and of the Civil Code. In the author’s opinion, an amendment to a public procurement contract in the area of contractual penalties, consisting in a significant reduction thereof, may be regarded as a prohibited amendment. In accordance with the presented views of the doctrine and jurisprudence, entering into a settlement on the reduction of contractual penalties should be preceded by a detailed analysis of the factual circumstances of the case, also from the perspective of Article 144 section 1 of the Public Procurement Law, and its performance without regard to statutory procedures (Article 484 section 1 of the Civil Code) should be regarded as unacceptable.