May 17, 2023
Direct award of an interim contract as a result of a supplier's default during the period until a new tender procedure was carried out was not legal as the period was too long and the scope of the interim contract too large
Direct award of an interim contract as a result of a supplier's default during the period until a new tender procedure was carried out was not legal as the period was too long and the scope of the interim contract too large
The decision concerns a question relevant in practice concerning the contracting entity's right to award a contract directly when, in order to ensure necessary supplies, the contracting entity cannot carry out a procurement procedure in accordance with the "ordinary" procedures: open procedures, restricted procedures or competitive procedures with negotiation. In its decision, the Complaints Board states that the right to award contracts under Section 80(5) constitutes an absolute exception.
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