A contract may only be awarded by mutual agreement in the specific
cases listed below:
a) for works, supplies, or services undertaken within the framework of research,
studies, testing, experimentation or development which may only be entrusted
to companies or service providers that must be chosen because of their
particular speciality, knowledge, or aptitudes.
b) for replacement of defaulting entrepreneurs or suppliers.
c) for works, supplies, or services and intellectual services which, for reasons of
extreme urgency caused by unforeseeable events, cannot be subjected to the
time-limits of the procedure of an invitation to tender.
d) for needs that can only be satisfied by a service requiring the use of a patent,
a process, know-how, or of an entity in charge of the management and
marketing of a licence or of exclusive rights held by a single entrepreneur, a
single service provider, or a single supplier.
Official text
Spot-checked
In force from 12 June 2018
Source page 19