Section 2: Contracts with instalments

Purchasers may award a contract comprising a firm tranche and one or more optional tranches. The contract defines the content, the price or the way in which it is to be determined and the way in which the services are to be carried out for each tranche.

The services of the firm tranche must form a coherent whole; the same applies to the services of each optional tranche, taking into account the services of all the previous tranches.

The execution of each optional tranche is subject to the purchaser’s decision to award it, notified to the contractor under the conditions set out in the contract.When an optional tranche is awarded late or is not awarded, the contractor may be entitled, if the contract so provides and under the conditions defined therein, to a waiting or forfeiture payment.