This is an exceptional procedure applied restrictively to the special cases and circumstances provided for in Article 32(2) to (6) (Book I) and Article 269(a) to (j) (Book II):
It should be stressed that in order to use this procedure (and the procedure set out in Article 26(2)(b) of Law 4412/2016) for contracts with an estimate value above the value limits, the prior assent of the HSPPA is required, in accordance with Article 2(2)(c)(dd) of Law 4013/2011, except in the case of force majeure.
Useful material:
- Guideline (K.O.) 1 of the HSPPA: 'Procedure for the issuance of a decision by the Hellenic Single Public Procurement Authority on requests by contracting authorities/entities on the provision of assent on the use of the negotiated procedure of Article 2(2)(c)(dd) of Law 4013/2011’ (Online Publication No ΒΙ6ΜΟΞΤΒ-ΔΚΦ)](https://diavgeia.gov.gr/doc/ΒΙ6ΜΟΞΤΒ-ΔΚΦ?inline=true), which, however, must be updated with the latest changes to the legislative framework on public procurement.
Articles 32 Α and 269 Α provide for exceptions, for certain cases of the procedure set out in Articles 32 and 269, from the mandatory:
- use of the National Electronic Public Procurement System (NEPPS – Articles 22(1), 26 and 258(1));
- submission of an ESPD/TEYD (Article 79(1) to (4));
- submission of a tender guarantee (Article 72(1)(a) and Article 302(1)(a));
- application of Articles 221(8) and (9) (composition of Committees for Tender Procedures, Works, Designs, Technical and Other Related Scientific Services via the MIMED Registry), (only in Article 32 Α), as well as special rules for the conduct of the procedure.