{
  "url": "https://openlegislation.uk/eu-decision-2004-658/annex/article-64",
  "json_url": "https://openlegislation.uk/eu-decision-2004-658/annex/article-64.json",
  "legislation": "eudn/2004/658",
  "legislation_title": "Council Decision 2004/658/CFSP of 13 September 2004 on the financial provisions applicable to the general budget of the European Defence Agency",
  "legislation_url": "https://openlegislation.uk/eu-decision-2004-658",
  "path": "annex/article/64",
  "kind": "article",
  "number": "64",
  "heading": null,
  "text": "1. The Agency may use the negotiated procedure after having published a contract notice in the following cases:\n(a) in the event of the submission of tenders which are irregular or unacceptable, by reference in particular to the selection or award criteria, in response to an open or restricted procedure which has been completed, provided that the original terms of the contract as specified in the documents relating to the invitation to tender referred to in Article 69 are not substantially altered;\n(b) for service and works contracts, in exceptional cases where the nature of the services or works or the risks attaching thereto do not permit prior overall pricing by the tenderer;\n(c) where the nature of the service to be procured, in particular in the case of financial services and intellectual services, is such that contract specifications cannot be established with sufficient precision to permit the award of the contract by selecting the best tender in accordance with the rules governing open or restricted procedures;\n(d) for works contracts, where the works are performed solely for purposes of research, testing or development and not with the aim of ensuring profitability or recovering research and development costs;\n(e) for the service contracts referred to in Annex 1B to Directive 92/50/EEC, subject to point (i) of Article 63(1).\n2. In the cases referred to in point (a) of paragraph 1, the Agency may refrain from publishing a contract notice if they include in the negotiated procedure all the tenderers who satisfy the selection criteria and who, during the previous procedure, submitted tenders in accordance with the formal requirements of the procurement procedure.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2004/658/annex/article/64",
    "retrieved_at": "2026-11-01T15:18:07.999539+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}