Book VII: PROVISIONS RELATING TO EXCEPTIONAL CIRCUMSTANCES

Where use is made of the prerogatives provided for by law to recognise the existence of exceptional circumstances or to implement temporary measures to deal with such circumstances and where these circumstances affect the procedures for awarding or the conditions of performance of a public contract, a decree may provide for the application of all or some of the measures in this Book to public contracts which are in the…

Purchasers shall implement the provisions of this Book when they are necessary in the award or performance of a public contract, in order to deal with difficulties arising from the occurrence of exceptional circumstances.

Where the competitive tendering procedures set out in the tender documents cannot be complied with by the purchaser, the latter may make the necessary adjustments during the procedure to allow the procedure to continue, while respecting the principle of equal treatment of candidates.

Except where the services which are the subject of the public contract cannot be delayed, the purchaser may extend the time limits for receipt of applications and tenders for procedures in progress by a period sufficient to allow economic operators to submit their applications or tenders.

Public contracts that come to an end during the period of exceptional circumstances may be extended by amendment beyond the term stipulated in the contract if it is not possible to organise a competitive tendering procedure. In the case of a framework agreement, this extension may extend beyond the term mentioned in article L. 2125-1. The duration of this extension may not exceed the duration of the period of exceptional…

The provisions of articles L. 2711-7 and L. 2711-8 shall apply in the event of difficulties in the performance of the contract notwithstanding any stipulation to the contrary, with the exception of those which are more favourable to the holder of the contract.

If the contractor is unable to meet the deadline for the performance of one or more obligations under the contract, or if such performance on time would require resources the mobilisation of which would place a manifestly excessive burden on the contractor, the deadline is extended by a period equivalent to the period of non-compliance with the performance deadline resulting directly from the exceptional circumstances, at the contractor’s request submitted…

When the contractor is unable to execute all or part of a purchase order or contract, in particular when it demonstrates that it does not have sufficient resources or that mobilising them would place a manifestly excessive burden on it: 1° The contractor may not be penalised, nor have contractual penalties applied, nor incur contractual liability for this reason; 2° The purchaser may enter into a substitute contract with a…