Here are some key changes to the Aspects that came into force on 4 September 2025.
Firstly, the procedure for authorised persons to prepare annexes to bidding documentation with requirements for bidders and winning bidders is now clearly and unambiguously defined.
Previously, the Aspects stipulated that the bidding documentation should include separate annexes listing documents and information submitted by the participant and the winning bidder as part of their quote. This requirement could be interpreted in different ways, as the number of annexes required was not specified, nor was it clear that the annexes should contain a list of all documents and information, rather than just some of them. However, following the updates, the Aspects now set forth clear requirements for developing annexes to the bidding documentation: “The list of all documents and/or all information submitted by the bidder as part of their quote and the list of all documents and/or all information submitted by the winning bidder are drawn up in two separate annexes to the bidding documentation. In the specified lists, the procuring entity places references to the relevant requirements of the bidding documentation, if including such requirements in the lists in full would complicate their perception.”
Thus, authorised persons of procuring entities must now keep in mind that there should be two annexes to the bidding documentation with a list of all documents and all information (one with requirements for bidders, and the other for the winning bidder), and these annexes must contain all documents and information required by the bidding documentation.
Secondly, the restriction on changing the price per unit of goods by up to 10% has been brought back.
Clause 19 of the Aspects defines an exclusive list of grounds for amending the essential terms of the procurement contract. After 4 September 2025, one of the grounds most often used by procuring entities is now subject to a number of restrictions:
- The price per unit of goods may be increased by up to 10% in proportion to fluctuations in the market price of the goods;
- The procurement contract may be amended no earlier than 90 days after the date of the procurement contract or amendments thereto regarding an increase in the price per unit of goods;
- The adjusted price per unit of goods cannot exceed 50% of the price per unit of goods stipulated in the initial procurement contract.
However, the above restrictions have an exception: the restriction on the time limits for amending a procurement contract to raise the price per unit of goods does not apply if the terms of the contract for the procurement of petrol, diesel fuel, natural gas or electricity are changed.
Thirdly, conditions have been set for the mandatory disclosure of information on prices for material resources in machine-readable format when entering into contracts for the procurement of services for routine repairs, new construction, reconstruction, restoration or major repairs without the use of an electronic system.
Clause 13 of the Aspects defines a list of grounds for entering into a procurement contract without the use of open bidding. Amendments to Clause 13 of the Aspects now provide that when entering into a contract for the procurement of services for routine repairs, new construction, reconstruction, restoration or major repairs, under this Clause, authorised persons of the procuring entities must publish the following in the electronic procurement system within three banking days from the contract date:
- Report on the procurement contract;
- Justification of the grounds for the procuring entity to make the procurement under Clause 13;
- The procurement contract and any annexes thereto (including documents containing information on prices for material resources) in machine-readable format.
In summary, it should be noted that compliance with effective procurement legislation by authorised persons helps to avoid common mistakes, reduces the risk of procurement appeals and ensures that budget funds are used efficiently.
