Extension of the exceptional and temporary regime for price revision in public contracts
On June 30, Decree-Law 49-A/2023 was published, extending the exceptional and temporary price regime for price revision in public contracts until December 31, 2023. This regime, which was initially approved by Decree-Law 36/2022 of May 20 (“Decree-Law 36/2022”). Decree-Law 49-A/2023 also revises the compensation factor used for price reviews based on the contractually established formula.
In addition to extending the exceptional and temporary price review regime until December 31, 2023, Decree-Law 49-A/2023 establishes that when (i) the extraordinary price review request submitted by the private contracting party is not accepted, and (ii) the public contracting party wants the price review to be carried out according to the contractually established formula, the updating coefficients (Ct) resulting from applying the contractually established formula must be multiplied by a compensation factor of 1.1 for requests made until June 30, 2023, or 1.04 for requests made from July 1, 2023 onwards.
Decree-Law 49-A/2023 comes into effect on July 1, 2023. As a result of the approval of Decree-Law 49-A/2023, the exceptional regime established in Decree-Law 36/2022 will apply to extraordinary price review requests submitted by private contracting parties until December 31, 2023.
Click here to read our analysis of the exceptional and temporary price review regime for public contracts approved by Decree-Law 36/2022.