The contract may be modified where the modifications, whatever their amount, have been provided for in the initial contractual documents in the form of review clauses, including clear, precise and unequivocal price variation or option clauses.These clauses indicate the scope and nature of the possible modifications or options and the conditions under which they may be used.
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.
The contract may be amended when the amendment is made necessary by circumstances that a diligent purchaser could not have foreseen. In this case, the provisions of articles R. 2194-3 and R. 2194-4 apply.
The contract may be modified when a new contractor replaces the initial contractor, in one of the following cases: 1° In application of a review clause or an option in accordance with the provisions of article R. 2194-1; 2° In the case of a transfer of the contract, following a restructuring operation of the initial contractor, provided that this transfer does not entail any other substantial changes and is not…
The contract may be amended without a new competitive tendering procedure if the amendments, whatever their amount, are not substantial. For the purposes of article L. 2194-1, a modification is substantial, in particular, 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 economic operators or enabled other economic operators to…
The contract may be modified where the amount of the modification is less than the European thresholds set out in the notice annexed to this code and less than 10% of the amount of the initial contract for service and supply contracts or less than 15% of the amount of the initial contract for works contracts, without it being necessary to check whether the conditions set out in article R….
When several successive modifications covered by article R. 2194-8 are made, the purchaser shall take into account their cumulative amount.
In the cases provided for in articles R. 2194-2 and R. 2194-5, where the contract has been awarded in accordance with a formalised procedure, the purchaser shall publish a modification notice. This notice is published in the Official Journal of the European Union under the conditions set out in articles R. 2131-19 and R. 2131-20, in accordance with the model set out in the European Commission regulation establishing standard forms…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
