SECTION 109

(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.