S.L. 601.3 чл. 151Public works contracts.

The negotiated procedure without prior publication may be used for public works contracts in the following instances:

(a) where no tenders or no suitable tenders or no requests to participate or no suitable requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission where it so requests; or

(b) where the works can be supplied only by a particular economic operator for any of the following reasons:

(i) the aim of the procurement is the creation or acquisition of a unique work of art or artistic performance;

(ii) competition is absent for technical reasons;

(iii) the protection of exclusive rights, including intellectual property rights: Provided that the exceptions set out in sub-paragraphs

(ii) and (iii) shall only apply when no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement; or

(c) where in so far as is strictly necessary, for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with. The circumstances invoked to justify extreme urgency shall not in any event be attributable to the contracting authority; or

(d) for new works consisting in the repetition of similar works entrusted to the economic operator to which the same contracting authorities awarded an original contract, provided that such works are in conformity with a basic project for which the original contract was awarded pursuant to a procedure for which a call for competition has been published in accordance with these regulations.