Negotiated procedure with a single tender

The Beneficiary(ies) may decide to use the negotiated procedure on the basis of a single tender in the following cases:

  • for the purposes of humanitarian aid and civil protection operations or for crisis management aid. Crisis situations may be invoked only when they have been formally recognised by the European Commission. The Contracting Authority will inform the Coordinator if a crisis situation has been declared and the period for which the declaration will be in force.
  • where the services are entrusted to public-sector bodies or to non-profit institutions or associations and relate to activities of an institutional nature or designed to provide assistance to peoples in the social field;
  • where contracts extend on-going activities:
  • not included in the main service contract which have become necessary to perform the contract for unforeseen circumstances, and provided that the additional service cannot be technically and economically separated from the principal contract without serious inconvenience for the Beneficiary(ies) and the aggregate amount of additional services does not exceed 50 % of the value of the principal contract; or
  • which consist in the repetition of similar services entrusted to the contractor providing services under the initial contract, provided that:
    • a contract notice was published for the first service and the possibility of using the negotiated procedure for new services for the project and the estimated cost were clearly indicated in the contract notice published for the first service; and
    • the extension of the contract for a value and duration not exceeding the value and the duration of the initial contract.
  • for additional deliveries by the original supplier intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations, where a change of supplier would oblige the Beneficiary(ies) to acquire equipment having different technical characteristics which would result in either incompatibility or disproportionate technical difficulties in operation and maintenance;
  • for additional works not included in the initial contract concluded which have, through unforeseen circumstances, become necessary for carrying out the works and on condition that such works cannot be technically or economically separated from the main contract without serious inconvenience for the Beneficiary(ies) and on the condition that, although separable from the performance of the original contract, are strictly necessary for its completion and where the aggregate value of contracts awarded for additional works does not exceed 50 % of the value of the principal contract.
  • where the tender procedure has been unsuccessful, that is where no qualitatively and/or financially worthwhile tender has been received. In such cases, after cancelling the tender procedure, the Beneficiary may negotiate with one or more tenderers of its choice, from among those that took part in the tender procedure, provided that the initial terms of the tender procedure are not substantially altered;
  • where the contract concerned follows a contest and must, under the rules applying, be awarded to the winner of the contest or to one of the winners of the contest, in which case, all winners shall be invited to participate in the negotiations;
  • where, for technical reasons, or for reasons connected with the protection of exclusive rights, the contract can be awarded only to a particular service provider;
  • where warranted by the nature or particular characteristics of the supplies, for example, where performance of the contract is exclusively reserved for the holders of patents or licences to use patents;
  • where the orders are placed with a Humanitarian Procurement Centre, recognised as such by the relevant service of the European Commission or with a central buying office (see section 8.5);
  • for the issue of the expenditure verification report and the financial guarantee where they are required under the contract;
  • for contracts declared to be secret, or for contracts whose performance must be accompanied by special security measures or when the protection of the essential interests of the European Union or the partner country so requires;
  • for contracts in respect of supplies quoted and purchased on a commodity market;
  • contracts in respect of purchases on particularly advantageous terms, either from a supplier which is definitively winding up its business activities, or from the receivers or liquidators of a bankruptcy, an arrangement with creditors, or a similar procedure under national law;
  • where a new contract has to be concluded after early termination of an existing contract.

Resources and useful links:
PRAG 2014, chapter 2.4.8- Negotiated procedures with single tender