Understanding Substantial Modifications to Public Contracts under the PCR 2015

Judgment considers when changes are substantial and need to be in a 'safe harbour' to proceed without new procurement.

In this online course, we will delve into the recent case of James Waste Management LLP v Essex County Council, where the High Court examined whether a modification to a public contract could potentially breach the Public Contract Regulations (PCR) 2015. Regulation 72(8) of the PCR sets out a list of factors that determine whether a modification is substantial, and if so, it must fall within one of the statutory "safe harbours" to proceed without further competition.

By the end of this course, you should be able to:

1. Understand the concept of substantial modifications to public contracts under the Public Contract Regulations (PCR) 2015
2. Identify the factors outlined in Regulation 72(8) that determine whether a modification is considered substantial