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Procedures above the EU thresholds

Negotiation without prior notice

A procedure without a notice in which the buyer invites selected parties. Allowed only on the grounds exhaustively listed in Art. 79 of the Public Procurement Act.

Legal basis
Art. 79 of the Public Procurement Act
When it applies
Only on the grounds in Art. 79(1)
Value
Above the EU thresholds
Minimum deadline for bids
No bidding deadline – there is no notice

In this procedure there is no notice. The buyer invites one or several chosen parties and negotiates directly with them. That is why the law allows this procedure only on expressly listed grounds.

When it applies

The grounds are in Art. 79(1) of the Public Procurement Act and cannot be read broadly. Among them:

  • no bids were submitted in an earlier open or restricted procedure, or all were unsuitable;
  • all suitable bids are above the announced budget (then the contract may not exceed the budget);
  • the tender can be delivered only by a particular party – for artistic or technical reasons or because of exclusive rights;
  • extreme urgency that the buyer did not cause and could not foresee;
  • additional supplies from the original supplier (up to 3 years);
  • supplies on a commodity exchange;
  • particularly favourable terms in a liquidation or insolvency;
  • a tender following a design contest;
  • a repetition of works or services provided for in the original tender (up to 3 years).

The opening decision must state the ground and the reasons.

For the bidder

If you receive an invitation, the terms are in it. The bid and the negotiation go through CAIS EOP. Sector buyers have a similar procedure – negotiation without prior call for competition (Art. 138 of the Public Procurement Act), and in defence – negotiation without publication of a notice (Art. 164).

> Law: A wrongly chosen ground is a frequent reason for an appeal to the CPC and for financial corrections in tenders with EU funds.

Updated on 3 Oct 2026. General information, not legal advice. The Public Procurement Act, its implementing regulation and the tender documents prevail.

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