Regulation 26

when open tendering or selective tendering was used but no tender was received;

when the tenders received under open tendering or selective tendering —

are not in compliance with the essential requirements specified in the tender documentation;

were submitted by suppliers who failed to comply with the conditions for participation in the tendering procedure; or

are collusive;

when the goods or services to be procured can only be supplied by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:

the requirement is for a work of art;

the protection of patents, copyright or other exclusive rights;

the absence of competition for technical reasons;

when the additional goods or services to be procured from the original supplier of goods or services were not included in the initial procurement with the original supplier and a change of supplier for those additional goods or services —

cannot be made for any economic or technical reason such as requirements of interchangeability or interoperability with existing goods, equipment, software, services or installations procured under the initial procurement; and

would cause significant inconvenience or substantial duplication of costs for the contracting authority;

when it is strictly necessary, for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, the goods or services cannot be obtained in time by means of open tendering or selective tendering;

when the goods to be procured are goods on a commodity market;

when the contracting authority procures a prototype or a first good or service, which is to be manufactured or performed, at the contracting authority’s request, in pursuance of a contract for research, experiment, study or original development;

when the procurement concerned is subject to exceptionally advantageous conditions which will only apply for a very short period, including any disposal of a non‑routine nature by a person who is not normally a supplier and the disposal of assets of any business in bankruptcy, liquidation or receivership;

when the contract is to be awarded to the winner of a design contest, being a contest —

organised in a manner which is consistent with the principles of national treatment and non‑discrimination, especially with regard to the publication, in a manner similar to that of a notice of intended procurement, of an invitation to suitably qualified suppliers to participate in the contest;

which is judged by an independent panel of judges; and

which is organised with a view to awarding the contract to the winner.