Subsection 2: Additional work, supplies or services which have become necessary

The contract may be amended when, subject to the limit set out in article R. 2194-3, additional works, supplies or services, whatever their amount, have become necessary and were not included in the initial contract, provided that a change of contractor is impossible for economic or technical reasons relating in particular to requirements for interchangeability or interoperability with existing equipment, services or installations purchased under the initial contract.

When the contract is concluded by a contracting authority, the amount of the amendment provided for in article R. 2194-2 may not exceed 50% of the amount of the initial contract. Where several successive modifications are made, this limit applies to the amount of each modification. The purpose of these successive modifications must not be to circumvent the advertising and competitive tendering obligations.

When calculating the amount of the modification referred to in article R. 2194-2, the purchaser shall take into account the implementation of the price variation clause.