Article 270

Works contracts may be awarded by negotiated procedure with a single tender in the following cases: where, for reasons of extreme urgency brought about by events which the contracting authorities could not have foreseen and which can in no way be attributed to them, the time limit for the procedures referred to in points (a), (b) and (c) of Article 111(1) of the Financial Regulation cannot be kept; for additional works not included in the initial contract concluded but which have, through unforeseen circumstances, become necessary for carrying out the work described therein, subject to the conditions laid down in paragraph 2; where the tender procedure has been unsuccessful, that is where no qualitatively or financially worthwhile tender has been received; for contracts declared to be secret, or for contracts whose performance must be accompanied by special security measures or when the protection of the essential interests of the Union or the beneficiary country so requires; where a new contract has to be concluded after early termination of an existing contract. For the purposes of point (a) of the first subparagraph of this paragraph, operations carried out in crisis situations as referred to in Article 190(2) shall be considered to satisfy the test of extreme urgency. The authorising officer by delegation, where appropriate in concertation with the other authorising officers by delegation concerned, shall establish that a situation of extreme urgency exists and shall review his decision regularly with regard to the principle of sound financial management. In cases referred to in point (c) of the first subparagraph, after cancelling the tender procedure, the contracting authority may negotiate with one or more tenderers of its choice, from among those that took part in the invitation to tender, provided that the original terms of the contract are not substantially altered. The additional works referred to in point (b) of paragraph 1 shall be awarded to the work contractor already carrying out the work: where such works cannot be technically or economically separated from the main contract without serious inconvenience for the contracting authority; where such works, although separable from the performance of the original contract, are strictly necessary for its completion; where the aggregate value of contracts awarded for additional works does not exceed 50 % of the value of the principal contract.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.