Title II: CHOICE OF PROCUREMENT PROCEDURE

The purchaser may award a contract without prior advertising or competitive tendering where, in the cases defined below, either no applications or no tenders have been submitted within the prescribed time limits, or only inadmissible applications as defined in Article R. 2144-7 or unsuitable tenders as defined in Article L. 2152-4 have been submitted, and provided that the initial terms of the contract are not substantially altered: 1° Invitation to…

The purchaser may award a contract without prior advertising or competitive tendering where the works, supplies or services can only be provided by a specific economic operator, for one of the following reasons:1° The purpose of the contract is the creation or acquisition of a unique work of art or artistic performance;2° Technical reasons. This is particularly the case when acquiring or leasing a minority and inseparable part of a…

The purchaser may award a supply contract without prior advertising or competitive tendering for the purpose of:1° Supplementary deliveries carried out by the initial supplier and intended either for the partial renewal of supplies or installations or for the extension of existing supplies or installations, where a change of supplier would oblige the purchaser to acquire supplies with different technical characteristics resulting in incompatibility or disproportionate technical difficulties in use…

The purchaser may award a contract without prior advertising or competitive tendering for the purchase of supplies or services on particularly advantageous terms either from an economic operator who is definitively ceasing trading or, subject to Article L. 2141-3, from 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 of Book VI…

The purchaser may award a service contract without prior advertising or competitive tendering to the winner or one of the winners of a competition. Where there are several prize-winners, they are all invited to take part in the negotiations.

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

The purchaser may award a contract without prior advertising or competitive tendering to meet a need with an estimated value of less than €40,000 excluding tax or for lots with an estimated value of less than €40,000 excluding tax that meet the condition set out in b of 2° of article R. 2123-1. The purchaser must ensure that it selects a relevant offer, makes good use of public funds and…

The purchasers mentioned in 1° and 2° of article 3 of law no. 81-766 of 10 August 1981 relating to book prices may award a contract for the supply of non-school books for their own needs or to enhance the collections of libraries open to the public, without prior advertising or competitive tendering, in response to a need with an estimated value of less than 90,000 euros excluding tax. When…

The purchaser may award a public contract without prior advertising or competitive tendering for innovative works, supplies or services within the meaning of the second paragraph of Article L. 2172-3 and meeting a need with an estimated value of less than 100,000 euros excluding tax. These provisions also apply to lots whose value is less than 80,000 euros excluding tax for innovative supplies or services or 100,000 euros excluding tax…