On September 30, 2022, the Methodology for changing the price of a public procurement contract as a result of inflation was promulgated in the State Gazette and entered into force. It was adopted by the Council of Ministers on the basis of Art. 117a, para. 1 of the Law on Public Procurement and after serious public debate. Condition for the indexation of the price agreed on the public procurement, according to the provision of art. 117a of the Civil Code, is the presence of “inflation, in which the prices of basic goods and materials forming the value of the contract have significantly increased”. The amount of the change in the price of a public procurement contract and framework agreement as a result of inflation is determined by a formula provided in the Methodology and based on several components: – the value expressed in percentages, applicable to the subject-to-change values of construction and installation works, subject to formation of the value of the contract and the framework agreement; – the index for the quarter in which the contract activities were adopted or the quarter for which the framework agreement is indexed; – the index as of 12/31/2020 for offers submitted before 12/31/2020 or the date of the relevant quarter; – weight factor for the relevant type of construction according to the table for the weight of construction materials in the cost price of the various types of construction adopted by the Methodology. It is foreseen that the prices for activities performed under public procurement contracts and framework agreements for construction, adopted after 30.06.2021, are subject to change. It should be noted that the adopted Methodology concerns only contracts for public procurement (and framework agreements) with the subject of construction and does not regulate the order of indexation of contracts with the subject of supplies or services. The full text of the “Methodology for changing the price of a public procurement contract as a result of inflation” published in the State Gazette can be found here. You can find more information about the public consultation and the opinions provided by the interested parties regarding the Methodology on the Public Consultation Portal of the Ministry of Justice here.
