Title II: CHOICE OF PROCUREMENT PROCEDURE

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…

The purchaser may, without prior advertising or competitive tendering, award additional service or works contracts consisting of services not included in the contract initially concluded but which have become necessary, as a result of unforeseen circumstances, for the performance of the service or works as described in the initial contract, provided that the award is made to the economic operator who performed the service or works when :1° either these…

The purchaser may award, without prior advertising or competitive tendering, contracts for the performance of services similar to those awarded to the holder of a previous contract awarded after competitive tendering. The first contract must have indicated the possibility of using this procedure for similar services. The call for competition must also have taken into account the total amount envisaged, including that of the new works or services.The period during…

The purchaser may award, without prior advertising or competitive tendering, a contract relating to the provision of sea and air transport services for the armed forces or security forces of a Member State, which are or are to be deployed abroad, where the purchaser needs to obtain these services from economic operators who guarantee the validity of their tender only for very short periods so that the time limits applicable…