Book IV: 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 concession contract, a decree may provide for the application of all or some of the measures in this Book to concession contracts that are being performed,…

The conceding authorities shall implement the provisions of this book when they are necessary in the award or performance of a concession contract, 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 concession granting authority, it may make the necessary adjustments during the procedure to enable the procedure to continue, while respecting the principle of equal treatment of candidates.

Except where the services that are the subject of the concession contract cannot be delayed, the concession-granting authority may extend the deadlines for the receipt of applications and tenders for ongoing procedures by a period sufficient to allow economic operators to submit their applications or tenders.

Concession contracts that come to an end during a period of exceptional circumstances may be extended by amendment beyond the term stipulated in the contract if a competitive tendering procedure cannot be organised. This extension beyond the period provided for in article L. 3114-8 is exempt from the prior examination by the competent State authority provided for in the same article L. 3114-8. The duration of this extension may not…

The provisions of article L. 3411-7 apply in the event of difficulties in the performance of the contract notwithstanding any stipulation to the contrary, with the exception of those that are more favourable to the concessionaire.

When the concessionaire is unable to meet the deadline for the performance of one or more obligations under the contract, or when such timely performance would require resources whose mobilisation would place a manifestly excessive burden on the concessionaire, the deadline is extended by a period equivalent to the period of non-compliance with the performance deadline as a direct result of the exceptional circumstances, at the request of the holder…