In case of flood, fire or other life-threatening situation, the contracting authority is compelled to respond flexibly and as soon as possible to remedy the consequences of such an incident. The public procurement law handles even these situations, especially when time constraints objectively prevent the contracting authority to carry out the public procurement procedure with deadlines for bids, evaluation and other activities which would normally take months.
One of such procedures is a Negotiated Procedure without a Publication due to an extraordinary event.
In accordance with the provisions of the law, not every special event as perceived by the contracting authority fits the definition of an extraordinary event which could be used as a basis for Negotiated Procedure without a Publication and thus inviting one or more candidates selected by the contracting authorities for negotiations without publication.
In accordance with Article 58 of the public procurement law, applying Negotiated Procedure without a Publication is conditional upon three required conditions (all three conditions must be met at the same time):
- occurrence of an extraordinary event,
- urgency not caused by the contracting authority,
- causal link between the exceptional event and the extreme urgency.
The urgency must be an immediate consequence of an extraordinary event; it must be caused by the extraordinary event; the extraordinary event must be the cause of extreme urgency to the contracting authority. At the same time, this urgency must not be caused by an act or failure to act by the contracting authority. This urgency may not be caused by the contracting authority itself. It must arise without its intervention.
From the above, it follows that an extraordinary event under the public procurement law is quite limited and therefore if the contracting authority intends to use a Negotiated Procedure without a Publication, it must first duly examine whether the event that occurred fulfills the defining elements of an extraordinary event under the public procurement law. Justification for the use of this procedure is the most important document, so it is necessary to devote it sufficient attention. Such document must make it clear that the use of Negotiated Procedure without a Publication is only possible option to remedy a situation which directly threatens human life or health.
Methodological guideline (Slovak language only) of the Public Procurement Office provides more details.