Section 2: Applicable rules

Where an adapted procedure is used, the purchaser shall determine the terms and conditions on the basis of the nature and characteristics of the need to be met, the number or location of the economic operators capable of meeting it and the circumstances of the purchase.

Where the purchaser provides for negotiation, he may award the contract on the basis of the initial tenders without negotiation, provided that he has indicated that he reserves this option in the consultation documents.

Where the procedure expressly refers to one of the formalised procedures, the purchaser is obliged to apply that procedure in its entirety.

When awarding a contract mentioned in 3° of Article R. 2123-1, the purchaser shall take account of the specific characteristics of the services in question. In particular, it shall ensure the quality, continuity, accessibility, affordability, availability and completeness of the services, the specific needs of different categories of users, including disadvantaged and vulnerable categories, the participation and involvement of users, and innovation.