Abstract

The new Public Procurement Act (PZP), following the relevant EU directives, allows the parties to the public procurement contract to include appropriate review clauses including indexation clauses in its contents. The latter need to however fulfil the necessary conditions provided for by art. 439 and 440 PZP and, for the purpose of transparency and equal treatment, require previous disclosure in the initial procurement documents, in line with art. 455 PZP. This final prerequisite was recently relaxed as a result of the extraordinary increase of prices of raw material and other auxiliary costs due to, inter alia, the ongoing war in Ukraine. This paper attempts to examine the possible consequences of these recent legislative developments in the field of public procurement contracts.