Article R3134-4 of the French Public procurement code
November 7, 2023
Concession contracts covered by article L. 3134-3 are subject to the provisions of this Title, with the exception of the provisions of this chapter.
Concession contracts covered by article L. 3134-3 are subject to the provisions of this Title, with the exception of the provisions of this chapter.
The concession contract may be amended when the amendments, regardless of their amount, have been provided for in the initial contractual documents, in the form of clear, precise and unequivocal review clauses or options.These clauses indicate the scope and nature of the possible amendments or options, as well as the conditions under which they may be used.
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.
The concession contract may be amended when the amendment is made necessary by circumstances that a diligent granting authority could not have foreseen. In this case, the provisions of articles R. 3135-3 and R. 3135-4 apply.
The concession contract may be amended when a new concessionaire replaces the concessionaire to whom the concession-granting authority initially awarded the concession contract, in one of the following cases: 1° In application of a review clause or an option defined in article R. 3135-1; 2° In the case of a transfer of the concession contract, following restructuring operations by the initial concessionaire. The new concessionaire must prove that it has…
The concession contract may be amended without a new competitive tendering procedure if the changes, whatever their amount, are not substantial. For the purposes of Article L. 3135-1, an amendment is deemed to be substantial when at least one of the following conditions is met: 1° It introduces conditions which, if they had been included in the initial award procedure, would have attracted more participants or allowed the admission of…
The concession contract may be amended when the amount of the amendment is less than the European threshold set out in the notice annexed to this code and less than 10% of the amount of the initial concession contract, without it being necessary to check whether the conditions set out in article R. 3135-7 have been met. The provisions of article R. 3135-4 are applicable to the case of modification…
When several successive modifications covered by article R. 3135-8 are made, the conceding authority takes into account their cumulative amount.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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