direct-award-justification codelist

Need for additional works or services by the original contractor

The contract can be provided only by a particular economic operator because of creation or acquisition of a unique work of art or artistic performance

Bargain purchase taking advantage of a particularly advantageous opportunity available for a very short time at a price considerably lower than market prices

Contracts with estimated value below the procurement thresholds

Small scale contract to a small and medium sized enterprise

Structural and geographical characteristics of market/network or improvement of quality of services or cost-efficiency – only for rail (article 5(4a) of regulation 1370/2007)

Purchase on particularly advantageous terms from an economic operator which is definitely winding up its business activities

Procurement of supplies quoted and purchased on a commodity market

Service contract to be awarded to the winner or one of winners under the rules of a design contest

The periods for the restricted procedure and the negotiated procedure with prior publication of a contract notice are incompatible with the urgency resulting from a crisis

Defence-specific and security-specific exclusions

Contracts listed in Directive 2014/24/EU Art. 7, but not falling within the scope of Directive 2014/25/EU

The contract falls within the services listed in Annex II of the Directive 2009/81/EC

Contract related to the provision of air and maritime transport services for the armed forces of a Member State deployed or to be deployed abroad, under the strict conditions stated in the Directive

Specific exclusion in the field of electronic communications

Contracts awarded for the supply of energy or of fuels for the production of energy

Exceptional circumstances – only for rail (article 5(3a) of regulation 1370/2007)

The contract can be provided only by a particular economic operator because of exclusive rights, including intellectual property rights

Partial replacement or extension of existing supplies or installations by the original supplier ordered under the strict conditions stated in the Directive

Public contract between organisations within the public sector ('in-house'), contracts awarded to affiliated undertakings, or contracts awarded to a joint venture or within a joint venture

Internal operator

Procedure according to international rules

Only irregular or unacceptable tenders were received in response to a previous notice. All and only those tenderers of the previous procedure which have satisfied the selection criteria, have not fulfilled the exclusion grounds and have satisfied formal requirements, were included in the negotiations

Purchase on particularly advantageous terms from the liquidator in an insolvency procedure, an arrangement with creditors or a similar procedure under national laws and regulations

Contract awarded by parties that are not buyers

Certain cases of non-contractual nature

Contracts for non-pecuniary interest

Contracts whose purpose is not the execution of works, the supply of products and the provision of services

Contracts awarded for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country

The contract can be provided only by a particular economic operator because of protection of other exclusive rights, including intellectual property rights, other than those defined in Directive 2014/23/EU Art. 5(10)

The contract concerns research and development services other than those referred to in Directive 2009/81/EC Art. 13

New works or services, constituting a repetition of existing works or services and ordered in accordance with the strict conditions stated in the Directive

Purpose of the contract is purely research, experiment, study or development under the conditions stated in the Directive

Contracts awarded for purposes of resale or lease to third parties

Service contract awarded on the basis of an exclusive right

Specific exclusions for service contracts

Simultaneous management of the entire or major part of the infrastructure – only for rail (article 5(4b) of regulation 1370/2007)

Activities directly exposed to competition and contracts subject to special arrangements

The contract can be provided only by a particular economic operator because of an absence of competition for technical reasons

Concessions for air transport services based on the granting of an operating licence within the meaning of Regulation (EC) No 1008/2008 or for public passenger transport services within the meaning of Regulation (EC) No 1370/2007

No suitable tenders, requests to participate, or applications were received in response to a previous notice

Extreme urgency brought about by events unforeseeable for the buyer

Contracts awarded for the purchase of water