Public Procurement ActCommission proposal · COM(2026) 590 final · 2026/0265 (COD)
EN

Article 105Adjustment mechanisms

1.Public buyers may include in the procurement detail clauses establishing mechanisms for the adjustment of the conditions of the contract throughout its duration, provided that those mechanisms:

(a)are objectively justified having regard to the nature of the contract;

(b)maintain the economic balance of the contract;

(c)the clauses are clear, precise and unequivocal.

2.The adjustment mechanisms referred to in paragraph 1 may, in particular, relate to:

(a)predefined rules for the adjustment of revenues, including variations linked to demand or usage levels;

(b)indexation mechanisms, including those linked to objective economic indicators, such as price indices, inflation rates or volatility of input costs such as for key materials;

(c)performance-based payment adjustments, linked to the achievement of qualitative or performance objectives relating to the supply of works or services.

3.Adjustments of a contract based on such clauses shall not be considered modifications pursuant to Article 106.

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