The purchaser may award a contract without prior advertising or competitive tendering when either no applications or no tenders have been submitted within the prescribed period, or only inadmissible applications as defined in article R. 2344-4, or only unsuitable tenders as defined in article L. 2152-4, have been submitted. In these cases, the initial terms of the contract may not be substantially modified.
For contracts where the estimated value of the requirement exceeds the formal procedure thresholds, a report is sent to the European Commission if it so requests.