(1) Unless otherwise provided for in the procurement
contract, if the circumstances that could not be foreseen at the time of signing
of procurement contract arise in the course of implementation of the
procurement contract, the competent authority may, by stating clear reasons
thereof, issue as prescribed, a variation order for a variation of up to fifteen
percent and for a variation order above it, a variation order may be issued as per
the decision made by the Government of Nepal Council of Ministers by
complying with the procedure as prescribed in the case of the Public Entity
under sub-clause (1) of clause (b) of Section 2 and in the case of other Public
Entity as decided by the supreme executive body of such entity.
(2) The variation order under Sub-section (1) shall be issued in the
following manner:-
(a) To be so issued as not to change the basic nature or scope of
the concerned work,
(b) There must have been made arrangements for budget and,
(c) Approval of the competent authority must have been obtained.
(3) Other provision concerning the issuance of variation order shall
be as prescribed.