(1) The provisions of a contract may be changed only through an amendment.
(2) The amendment shall be adopted and notified based on the same review procedure as the initial contract. It shall amend neither the purpose, the holder of the contract, the payment currency, nor the provision for price revision.
(3) Instructions to the contractor relating to prices, deadlines and schedules are contract instruments used to manage a contract and may only be issued under the following conditions:
- where an instruction to the contractor is likely to cause overrun of the contract amount, its signing shall be subject to presentation of proof of availability of funds;
- where the contract amount shall be exceeded by a maximum of 20% (twenty percent), the contract may be modified by way of instructions to the contractor and regularised by amendment, subject to the provisions of (2) above;
- where the contract amount shall be exceeded by more than 20% (twenty percent), the modifications may only be made after signing the amendment related thereto.
(4) The total amount of amendments shall be capped at 30% (thirty percent) of the initial contract amount.
(5) Where the total amount of amendments due under a contract may exceed the 30% threshold referred to in (5) above, the contract shall be terminated and a new contract which includes all the new information on the services shall be awarded.
(6) In any case, any changes made to the technical specifications shall be subject to a preliminary study on the scope, cost, and time-limit of the contract.
IV. Subcontracting and Subsupplies
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In force from 12-06-2018
Source page 24
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Section 85 of the Decree No. 2018/355 on common rules applicable to contracts by public corporations/akn/cm/act/decret/2018-06-12/2018-355
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