2023

DOI:https://www.doi.org/10.31178/AUBD/2023.10

Abstract: In light of the concurrent crises of 2021–2023 and their resulting effects—particularly in terms of inflation—the Romanian Government adopted, during this period, a series of ordinances and emergency ordinances that updated, by operation of law, the prices of ongoing public procurement contracts, even if they did not include a price adjustment clause in the bidding documents. This study aimed to determine, on the one hand, to what extent this legislative package complied with general principles of law, the provisions of the Romanian Constitution, and Directive 24/2014, and, on the other hand, to draw a parallel with the general theory of unforeseeability, to analyze the economic context that led to the adoption of these legislative measures, and to highlight a number of potential sensitivities associated with this legal approach.

Keywords: price adjustments, ongoing contracts, public procurement, Directive 24/2014, emergency ordinances, prices, inflation, state aid, competition, unforeseeable circumstances, force majeure, ANAP, revision clause, general nature of the contract, substantial modification, contract amendment.