Изменението на договор за обществена поръчка и свободата на договаряне
Modifications to a Public Procurement Contract in Case of Inflation and the Principle of Contractual Freedom

Author(s): Ilonka Goranova
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law, Commercial Law, Administrative Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: public procurement; compilation of legal facts from different legal areas; modifications to a public contract during its performance; inflation; principle of contractual freedom
Summary/Abstract: With an addition to the Public Procurement Act (PPA) in 2022, the legislator created Art. 117a, which provided for the approval by act of the Council of Ministers of Methodology for modifications to a public procurement contract during its performance in case of inflation. At the end of 2023, the provision of Art. 117a of the PPA was amended, but its interpretation and application continued to cause problems in practice. The main question that has raised is whether the modifications to a public procurement contract as a result of inflation derives directly from the law or it depends on reaching an agreement between the contracting authority and the economic operator.

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