Chapter II: DEFENCE OR SECURITY CONTRACTS AWARDED WITHOUT PRIOR ADVERTISING OR COMPETITION

The purchaser may award a contract without prior advertising or competitive tendering if only irregular tenders, as defined in article L. 2152-2, or only unacceptable tenders, as defined in article L. 2152-3, have been submitted. In such cases, the initial terms of the contract may not be substantially altered and the purchaser must only allow the tenderer or tenderers who have submitted tenders that comply with the requirements relating to…

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 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…

The purchaser may award a contract without prior advertising or competitive tendering where the conditions for awarding the contract are not compatible with the minimum periods of urgency 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, and the purpose of which is strictly limited to the measures necessary to deal with a…

The purchaser may award a contract without prior advertising or competitive tendering where the contract can only be awarded to a specific economic operator, for reasons relating to the protection of exclusive rights, or for technical reasons such as, for example, specific interoperability or security requirements that must be met in order to guarantee the operation of armed forces or security forces, or the strict technical impossibility, for a candidate…

The purchaser may award a contract for research and development services without prior advertising or competitive tendering, in which case the purchaser acquires exclusive ownership of the results and finances the service in full.

The purchaser may award, without prior advertising or competitive tendering, a contract for products manufactured solely for research and development purposes, with the exception of quantity production to establish the commercial viability of the product or to amortise research and development costs.

The purchaser may award, without prior advertising or competitive tendering, a contract for the additional purchase of supplies performed by the contract holder and intended either as a partial replacement of commonly used supplies or installations, or as the extension of existing supplies or installations, where a change of contract holder would require the acquisition of equipment using a different technique that would result in incompatibility with the equipment already…

The purchaser may award a contract for the purchase of raw materials quoted and bought on the stock exchange without prior advertising or competitive tendering.

The purchaser may, without prior advertising or competitive tendering, award a contract for the purchase of supplies on particularly advantageous terms, either to an economic operator who is definitively ceasing trading, or, subject to Article L. 2141-3, to an economic operator subject to one of the procedures provided for in Book VI of the Commercial Code, with the exception of those mentioned in Title I, or a similar procedure provided…