Subsection 2: Additional work or services that have become necessary

The concession contract may be amended where, subject to the limit set out in article R. 3135-3, additional works or services have become necessary and were not included in the initial concession contract, provided that a change of concessionaire is impossible for economic or technical reasons relating in particular to the requirements of interchangeability or interoperability with existing equipment, services or facilities acquired under the initial concession.

Where the concession contract is concluded by a contracting authority, the amount of the amendment provided for in article R. 3135-2 may not exceed 50% of the amount of the initial concession contract. Where several successive modifications are made in compliance with the provisions of this article, this limit applies to the amount of each modification. The purpose of these successive modifications must not be to circumvent the advertising and…

For the purpose of calculating the amount of the amendment referred to in article R. 3135-2, the updated amount of the initial concession contract is the reference amount if the concession contract includes an indexation clause. Otherwise, the discounted amount of the initial concession contract is calculated taking into account average inflation.