The contracting authority may award its contracts using the procedure with negotiation in the following cases:
1° When the need cannot be met without adapting immediately available solutions;
2° When the need consists of an innovative solution. New or substantially improved works, supplies or services are considered innovative. The innovative nature may consist in the implementation of new production or construction processes, a new marketing method or a new organisational method in the company’s practices, workplace organisation or external relations;
3° When the contract includes design services;
4° When the contract cannot be awarded without prior negotiation because of special circumstances relating to its nature, complexity or legal and financial arrangements or because of the associated risks;
5° When the contracting authority is unable to define the technical specifications with sufficient precision by reference to a standard, a European Technical Assessment, a common technical specification or a technical reference system, as defined in Section 2 of Chapter I of Title I of this Book;
6° Where, in the context of a call for tenders, only irregular or unacceptable tenders, within the meaning of Articles L. 2152-2 and L. 2152-3, have been submitted, provided that the initial terms of the contract are not substantially altered. The contracting authority is not obliged to publish a contract notice if it only allows tenderers to take part in the procedure who have submitted tenders that comply with the requirements relating to the formal deadlines and procedures for the call for tenders. However, by way of derogation from the provisions of Article R. 2144-4, only tenderer(s) who have provided prior proof that they are not in a situation of exclusion and who meet the conditions for participation set by the purchaser may take part in the procedure.