The purchaser may award a contract without prior advertising or competitive tendering when the conditions for awarding the contract are not compatible with the minimum emergency periods provided for in articles R. 2361-2 and R. 2361-6 in the restricted invitation to tender procedure or in article R. 2361-8 in the procedure with negotiation, because it is concluded in order to deal with an emergency resulting from a crisis in France or abroad, in particular with operators who have set up or maintained, in performance of another contract, the capacities necessary to deal with any increase in requirements.
Within the meaning of this book, a crisis is an armed conflict or war or any situation in which damage has been caused, or is imminent, which clearly exceeds that of everyday life and which substantially compromises the life and health of the population or which has substantial effects on the value of property or which requires measures concerning the supply of essential products to the population.
Where the urgency resulting from a crisis is incompatible with the preparation of the consultation documents, the award of the contract shall at least be the subject of an exchange of letters.