Can the contract be modified after being awarded?

This issue of whether or not you can change a contract after you have been awarded in a public tender ... Wow, it is a question that comes out every two by three. And yes, you can, but it is not a open bar, much less. There are rules (and not a few), although they depend a lot on the country. Well, almost everyone pulls the same basic principles, but each one with their touch.

Let's put Spain, because there the Public Sector Contract Law makes it very clear in article 191: public contracts can be modified after awarding them. Now, eye, there are quite strict conditions not to fall into scams or murky scrolls that load transparency or competition. No changes because yes; You have to justify it well, either for technical or economic reasons.

First: You cannot change the object of the contract. That is, that is not about "you hire you to make a road and now you make me a hospital." It does not strain. The change cannot be so beast that you no longer recognize the original contract. Second: Any modification needs weight justification, and cannot end up giving the winner an advantage that was not scheduled in the tender from the beginning. No favoritisms to last bull.

And let's not forget the pasta, that there is also no wide manga here. The changes cannot exceed 20% of the initial price of the contract. If you spend that limit, it's time to start again with a new tender, and run.

The companies that get into this world of public tenders should be very clear. Sometimes, life surprises you and you need to change something of the contract; Other times, it is better to be in the parrot so that they do not put modifications that bother you or that they are a cool for traps.

In short: Yes, the contract can be modified after awarded, but all within very specific legal margins. It is part of the system, so that the game is clean and does not rise the patio. The companies that compete here have to know what to expect.

Advice? If you are a company and do not want to end a monumental mess, find a good legal advisor specialized in these issues. Thus you will know what there is, what you can do, and what you should not try. That here, he who does not run, flies ... but traps usually end badly.