(1) Contracts may be awarded by mutual agreement only in one of the
specific cases listed below, namely.
(a) for needs that can only be met through a service requiring the use of a patent, a
process, know-how, licence or exclusive rights held by a single contractor, a
single service provider or a single supplier;
(b) to replace defaulting contractors or suppliers, in case of emergency;
(c) for works, supplies or services or intellectual services which, in case of extreme
emergency due to force majeure, cannot be subjected to a competitive bidding
procedure time limit;
(d) for supplies, services or works intended to supplement those initially executed
under an initial contract by the same contract holder, provided that the initial
contract was awarded following a competitive bidding procedure and that the
supplementary contract resulting therefrom concerns only supplies, services or
works not provided for under the initial contract, but that were made necessary
by unforeseen and external circumstances beyond the control of the parties, and
that the said supplies, services or works cannot be technically or economically
separated from the main contract.
Official text
Spot-checked
In force from 20 June 2018
Source page 44