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Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (Text with EEA relevance)
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Member States may provide that the periods referred to in Article 57(2) do not apply in the following cases:
where this Directive does not require prior publication of a contract notice in the Official Journal of the European Union;
where the only tenderer concerned within the meaning of Article 57(2) is the one which is awarded the contract and there are no candidates concerned;
in the case of a contract based on a framework agreement as provided for in Article 29.
If this derogation is invoked, Member States shall ensure that the contract is ineffective in accordance with Articles 60 and 62 where:
there is an infringement of the second indent of the second subparagraph of Article 29(4), and,
the contract value is estimated to be equal to or to exceed the thresholds set out in Article 8,
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