PRICE FEATURES
The contract price shall remunerate the Administration’s contracting partner.
Services covered by the contract shall be paid for either by all-in prices applied to all or part of the contract, irrespective of the quantities, or by unit prices applied to the quantities effectively supplied:
(a) An all-in price shall be any price which remunerates the contract holder for a series of services, a facility or part of a facility as defined in the contract. An all-in price shall be imposed once all services are well defined during the conclusion of the contract.
(b) A unit price shall be the price of an element of a service, of a type or an item of a facility, the quantities of which are estimates in the contract.
An all-in or unit price shall be firm where it cannot be modified because of foreseeable economic changes during the service provision period.
In cases contrary to the provisions of Article 145(1) of the code, the price shall be revisable.
CONTRACT PRICE VARIATION
The introduction of a price revision clause in a contract shall not be systematic, since agreed prices should be firm as often as possible.
The price of any contract whose execution duration is equal to 12 (twelve) months at most may not be revised.
The price of services shall be liable to revision once the contract provides for the modification of the initial cost in the course of execution.
Except in the case of a waiver following negotiation between the Project Owner or the Delegated Project Owner and the contract holder, the price must be updateable where the contract has a firm price and a period of 6 (six) months has elapsed between the bid opening date and the contract notification date.
Where a contract has a firm price, the price may be updateable if an overrun of the initial contract period of more than 2 (two) months is not attributable to the contract holder.
A contract shall be revisable or updateable under the conditions laid down above.
Price revision or update pursuant to the contractual clauses shall not give rise to the signing of contract amendments.
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