1. In negotiated procedures without prior publication of a contract notice under Article 98(2)(e), negotiations shall be conducted and a written contract concluded when the negotiations have been completed with the tenderer or the tenderers able to perform the contract within the period of time required by the extraordinary circumstances or, if more economic operators received a call for competition or an invitation, with the tenderer who submitted the most favourable tender.
2. In that case the contracting authority shall send an invitation to tender or, where such an invitation to tender may not be drawn up due to an extreme urgency brought about by the circumstances, an invitation to negotiation to the suitable economic operators. The invitation to negotiation shall state the name and seat of the tenderer, the place and time of the negotiation and at least the subject-matter and the quantity of the public procurement.
3. In a procedure to be conducted on imperative grounds of urgency
- contracting authorities need not state the reasons for not prescribing any suitability criteria, if that is the case.
in addition to the verification of the available electronic records, contracting authorities can accept the tenderer’s self-declaration (included, if appropriate, in the ESPD), for the purposes of the final verification of the non-existence of the grounds for exclusion. (This amendment entered into force on 1 January 2017.)