Change Notice

A change notice is a formal publication that communicates substantive modifications to a previously published procurement notice or to an existing public contract. It ensures that all economic operators have access to the most current information about a procurement procedure, whether changes occur during the tendering phase or after contract award. Change notices are distinct from corrigenda, which correct clerical or typographical errors without altering the substance of the procurement.

How It Works

Change notices arise in two distinct contexts: pre-award modifications to tender conditions and post-award modifications to concluded contracts.

Pre-award changes. During an active procurement procedure, a contracting authority may need to modify the terms of the call for competition. Common reasons include revising technical specifications after industry consultation, extending submission deadlines to accommodate additional preparation time, adjusting the lot structure, correcting estimated values, or amending selection criteria or award criteria. When such changes are substantive -- meaning they could affect an economic operator's decision to participate or the content of its tender -- the contracting authority must publish a change notice.

The change notice is linked to the original notice through the BT-758 (Changed Notice Identifier) field, which contains the publication number of the original notice. This enables interested parties to trace the modification back to the original procurement and understand exactly what has changed.

When a pre-award change notice extends the submission deadline, all tenderers benefit from additional preparation time. If the change is significant enough that it fundamentally alters the procurement, the contracting authority may be required to reset the submission deadline entirely, effectively restarting the tendering period.

Post-award contract modifications. After a contract has been awarded and is being performed, circumstances may arise that necessitate modifications. Article 72 of Directive 2014/24/EU permits certain contract modifications without triggering a new procurement procedure, provided they fall within defined limits. When such modifications occur, the contracting authority publishes a change notice (specifically, a "contract modification notice" under eForms) to provide transparency about the altered terms.

Post-award modifications requiring publication include changes to the contract value, scope, duration, or contractor identity (in limited circumstances). The change notice must describe the nature of the modification, its justification under Article 72, and the financial impact.

eForms classification. Under the eForms framework, change notices are classified using specific subtypes. Pre-award modifications typically result in updated versions of the original notice or separate change notices. Post-award modifications use the "can-modif" (contract award notice -- modification) subtype. The BT-758 field provides the traceability link in both cases.

Timing and dissemination. Change notices must be published promptly to ensure that affected economic operators have adequate time to adjust their participation decisions or tender content. For pre-award changes, the contracting authority should publish the change notice as soon as the decision to modify is taken. For post-award modifications, publication should occur within 30 days of the modification.

Legal Framework

Article 51 of Directive 2014/24/EU addresses "form and manner of publication of notices" and provides the basis for change notices as part of the overall notice publication framework. The substance of what constitutes a permissible change depends on when the modification occurs.

Pre-award modifications are governed by the general principles of equal treatment and transparency (Article 18). Any change to the procurement documents or conditions that could influence the composition of the field of competitors or the content of tenders must be communicated transparently and with sufficient time for adjustment. The Court of Justice of the European Union has held that modifications that would have attracted additional tenderers or changed the outcome must not be made without reopening competition (Case C-454/06, pressetext Nachrichtenagentur).

Post-award modifications are governed by Article 72 of Directive 2014/24/EU, which sets out five categories of permissible modification:

Review clauses (Article 72(1)(a)): Modifications provided for in the original procurement documents through clear, precise, and unequivocal review clauses.
Additional works/services/supplies (Article 72(1)(b)): Where a change of contractor is impracticable and the modification does not exceed 50 percent of the original contract value.
Unforeseen circumstances (Article 72(1)(c)): Where unforeseen circumstances necessitate modification, subject to the 50 percent cap.
Contractor replacement (Article 72(1)(d)): In limited circumstances such as corporate restructuring.
De minimis modifications (Article 72(2)): Where the modification value is below both the EU threshold and 10 percent of the original contract value (15 percent for works).

Any modification that exceeds these limits constitutes a "substantial modification" under Article 72(4) and requires a new procurement procedure.

In Germany, Sections 132 and 133 of the GWB transpose these modification rules, and the Vergabekammern have developed substantial case law on what constitutes a permissible modification. In France, the Code de la commande publique (Articles L2194-1 to L2194-3) implements equivalent provisions.

Article 51 also requires that modifications to notices be published using the same forms and channels as the original notice, ensuring equal visibility.

Practical Examples

A municipal authority publishing a contract notice for waste collection services receives questions from potential bidders indicating that the technical specifications for vehicle emissions standards reference an outdated regulation. The authority publishes a change notice updating the specifications to reference the current Euro VI standard and extends the submission deadline by 15 days to allow tenderers to adjust their fleet proposals.

A national highway agency awards a five-year road maintenance contract valued at 20 million euros. Two years into the contract, an unusually severe winter causes extensive road damage beyond the anticipated scope. The agency modifies the contract to add emergency repair work valued at six million euros, publishing a contract modification notice justifying the change under Article 72(1)(c) (unforeseen circumstances) and confirming the modification does not exceed 50 percent of the original value.

A regional IT procurement authority modifies a software development contract to add a mobile application module not included in the original scope. The modification value of 80,000 euros falls below both the EU threshold and 10 percent of the original contract value, qualifying as a de minimis modification under Article 72(2). The authority publishes a change notice for transparency, though the de minimis nature means the modification is automatically permissible.

Key Considerations for Suppliers

Suppliers should monitor change notices as diligently as original contract notices. A change notice may extend a deadline, relax a requirement, or modify specifications in ways that make a previously unsuitable opportunity viable. Conversely, a change notice might tighten requirements or reduce scope, potentially altering a supplier's competitive position.

When a supplier is already preparing a tender and a change notice is published, it should immediately assess the impact on its proposal. If the change affects pricing, technical approach, or team composition, the supplier must adjust its submission accordingly. Failure to account for published changes can result in a non-compliant tender.

For post-award contract modifications, existing suppliers should understand the Article 72 framework to recognise when modifications may be legitimately negotiated and when a new procurement procedure would be required. Proposing modifications that exceed the permitted limits could expose both the supplier and the contracting authority to legal challenge from competitors.

Competitors who believe a post-award modification constitutes a substantial change should consider whether a challenge is warranted. Under the Remedies Directive, economic operators may argue that the modification should have triggered a new procurement, opening the contract to competition. The standstill period does not apply to contract modifications, but judicial review remains available.

Suppliers operating in construction and infrastructure should be particularly attentive to change notices, as these sectors have the highest incidence of post-award modifications due to the inherent unpredictability of site conditions, regulatory changes, and evolving client requirements.

Change notices are a specific type of notice within the broader procurement publication framework. They are distinct from corrigenda, which correct errors rather than making substantive changes. Modifications to contracts form the subject matter of post-award change notices. The call for competition is the original notice most frequently amended by pre-award change notices. Article 72 of Directive 2014/24/EU governs when post-award changes are permissible without a new procedure. Thresholds play a role in determining whether de minimis modification rules apply.

Frequently Asked Questions

What is the difference between a change notice and a corrigendum?

A corrigendum corrects clerical errors, typographical mistakes, or factual inaccuracies in a published notice without altering the substance of the procurement. A change notice communicates deliberate, substantive modifications such as revised technical specifications, extended deadlines, adjusted lot structures, or contract amendments. The legal implications differ significantly: a corrigendum restores the notice to its intended state, while a change notice creates new conditions that may affect participation decisions.

Can a contracting authority make unlimited pre-award changes to a procurement?

No. While there is no fixed limit on the number of pre-award change notices, the cumulative effect of changes must not fundamentally alter the nature of the procurement. If changes are so extensive that the procurement is materially different from what was originally published, the contracting authority should cancel the procedure and re-launch it. The principles of equal treatment and transparency require that all potential competitors have a fair opportunity to assess and respond to the actual requirements.

Must a supplier re-submit its tender after a change notice is published?

It depends on the nature of the change and the procedural rules. If the change notice extends the deadline, suppliers may update their already-submitted tenders in some electronic systems. If the change modifies evaluation criteria or technical requirements, contracting authorities typically allow or require updated submissions. Suppliers should check the specific instructions accompanying the change notice and the procurement platform's functionality. For guidance on understanding the EU procurement directives that govern these processes, see our detailed explainer.

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