The State, its public establishments other than those of an industrial and commercial nature, local authorities, their public establishments and their groupings may only conclude a contract at provisional prices in the following cases:
1° When, in the case of complex services or services using a new technique and presenting either an imperative urgency or major technical uncertainties, performance of the contract must begin while it is not yet possible to determine a definitive initial price;
2° When the results of a costing survey relating to comparable services ordered from the holder of a previous contract are not yet known;
3° When the prices of the final instalments of a contract with instalments are fixed in the light of the results, not yet known, of a costing survey relating to the first instalments, concluded at definitive prices;
4° When the definitive prices of comparable services which were the subject of previous contracts are called into question by the prospective candidate or by the purchaser, provided that the latter does not have the technical or accounting information to enable it to negotiate new definitive prices;
5° When the services are the subject of an innovation partnership or make use mainly of innovative or evolving technologies which do not allow the contract to be concluded at definitive prices.