Special procurement procedures
An urgent operational problem does not automatically justify an unadvertised long-term award. The procurement assessment should distinguish accelerated competition, an exceptional non-advertised procedure and a tightly limited interim arrangement.
Identify the actual urgency
Record what happened, when the authority learned of it and what service must be maintained. Distinguish an external event from delays in planning or internal approval. The proposed exception must fit the statutory conditions, including any requirement concerning foreseeability or responsibility. A short deadline imposed by the project team is not itself the legal test.
Limit the bridge arrangement
Define the minimum scope and duration needed to avoid interruption while a compliant competition is organised. Include a credible mobilisation and replacement timetable. An interim supplier may need more time than the bare tender period, but that should be supported by the actual implementation work. Avoid using the emergency to procure unrelated enhancements.
Preserve competition where possible
Consider whether accelerated publication or a short, properly organised competition can meet the need. Keep a record of available providers, quotations and reasons for selection. Where negotiations occur, communicate the relevant requirement consistently. The need for speed makes an organised decision file more valuable, not less.
Review and exit
Set a clear end point, manage any extension rights carefully and start the long-term procurement promptly. An extension of an interim award needs its own assessment. A bidder excluded from the market should preserve evidence of available alternatives and assess the appropriate remedy before the interim contract has been concluded.
Three practical situations
- A contractor becomes insolvent during essential maintenance: distinguish immediate continuity from a full replacement contract.
- A failed tender threatens a service gap: assess responsibility for the timing and alternatives to direct award.
- A cyber incident requires urgent support: confine the emergency scope and plan the subsequent durable solution.
What to prepare for advice
Provide the proposed scope, estimated value, payment structure, intended timetable and the reasons for considering this route. If a procedure has already started, include the notice, all document versions and correspondence. We can then assess classification, procedural risk, contract terms and the available next steps together.
Official sources and further reading
Editorial review: 12 November 2026. Apply the rules and transitional provisions governing the start of the individual procedure.
Discuss your procurement project
Send the notice, tender documents, relevant correspondence and the next deadline. We assess the legal route, the work required and the proposed fee before taking further steps. For proceedings abroad, the scope of local-law advice and any involvement of local counsel are agreed for the specific matter.