| 32004L0018 - Classic (3rd generation) | Article 28.2 |
| They shall award these public contracts by applying the open or restricted procedure. In the specific circumstances expressly provided for in Article 29, contracting authorities may award their public contracts by means of the competitive dialogue. In the specific cases and circumstances referred to expressly in Articles 30 and 31, they may apply a negotiated procedure, with or without publication of the contract notice. |
| 32004L0017 - Utilities (3rd generation) | Article 40.2 |
| 2. Contracting entities may choose any of the procedures described in Article 1(9)(a), (b) or (c), provided that, subject to paragraph 3, a call for competition has been made in accordance with Article 42. |
| 31993L0037 - Works (2nd generation) | Article 7.4 |
| 4. In all other cases, the contracting authorities shall award their public works contracts by the open procedure or by the restricted procedure. |
| 31993L0036 - Goods (2nd generation) | Article 6.4 |
| 4. In all other cases, the contracting authorities shall award their supply contracts by the open procedure or by the restricted procedure. |
| 31992L0050 - Services (2nd generation) | Article 11.4 |
| 4. In all other cases, the contracting authorities shall award their public service contracts by the open procedure or by the restricted procedure. |
| 31993L0038 - Utilities (2nd generation) | Article 20.1 |
TITLE IV
Procedures for the award of contracts
Article 20
1. Contracting entities may choose any of the procedures described in Article 1 (7), provided that, subject to paragraph 2, a call for competition has been made in accordance with Article 21. |
| 31993X0430(02) - Statement on Utilities (2nd generation) | Statement re Article 20 |
| The Council and the Commission state that in open and restricted procedures all negotiations with candidates or tenderers on fundamental aspects of contracts, variations in which are likely to distort competition, and in particular on prices, shall be ruled out; however, discussions with candidates or tenderers may be held but only for the purpose of clarifying or supplementing the content of their tenders or the requirements of the contracting entities and provided this does not involve discrimination. |
| 31989L0440 - Fourth amendment of Works (1st generation) | Article 1.7=W1-5.1+4 |
7. Article 5 is replaced by the following:
Article 5
1. In awarding public works contracts the contracting authorities shall apply the procedures defined in Article 1 (e), (f) and (g), adapted to this Directive.
4. In all other cases, the contracting authorities shall award their public works contracts by the open procedure or by the restricted procedure. |
| 31988L0295 - Second amendment of Goods (1st generation) | Article 7.1-2=G1-6.1-2+5 |
Article 7
Article 6 is replaced by the following text:
Article 6 1.
In awarding public supply contracts the contracting authorities shall apply the procedures laid down in Article 1 (d), (e) and (f), adapted to this Directive, in the cases set out below.
2. The contracting authorities may award their supply contracts using the restricted procedure in justified cases.
Such justification may inter alia be constituted by:
- a need to maintain a balance between contract value and procedural costs,
- the specific nature of the products to be procured.
5. In all other cases, the contracting authorities shall award their supply contracts by the open procedure. |
| 31990L0531 - Utilities (1st generation) | Article 15.1 |
TITLE III
Procedures for the award of contracts
Article 15
1. Contracting entities may choose any of the procedures described in Article 1 (6), provided, subject to paragraph 2, a call for competition has been made in accordance with Article 16. |
