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AI Summary of Article 26 Choice of procedures

Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 17 April 2014 - onwards
Version 2 of 2

Article 26 Choice of procedures

1. When awarding public contracts, contracting authorities shall apply the national procedures adjusted to be in conformity with this Directive, provided that, without prejudice to Article 32, a call for competition has been published in accordance with this Directive.

2. Member States shall provide that contracting authorities may apply open or restricted procedures as regulated in this Directive.

3. Member States shall provide that contracting authorities may apply innovation partnerships as regulated in this Directive.

4. Member States shall provide that contracting authorities may apply a competitive procedure with negotiation or a competitive dialogue in the following situations:

(a) with regard to works, supplies or services fulfilling one or more of the following criteria:

(i) the needs of the contracting authority cannot be met without adaptation of readily available solutions;

(ii) they include design or innovative solutions;

(iii) the contract cannot be awarded without prior negotiations because of specific circumstances related to the nature, the complexity or the legal and financial make-up or because of the risks attaching to them;