TITLE II RULES APPLICABLE TO CONTRACTS

CHAPTER I Procedures

Article 44 Choice of procedures
1. When awarding supply, works or service contracts, contracting entities shall apply the procedures adjusted to be in conformity with this Directive, provided that, without prejudice to Article 47, a call for competition has been published in accordance with this Directive.
2. Member States shall provide that contracting entities may apply open or restricted procedures or negotiated procedures with prior call for competition as regulated in this Directive.
3. Member States shall provide that contracting entities may apply competitive dialogues and innovation partnerships as regulated in this Directive.
4. The call for competition may be made by one of the following means:
(a) a periodic indicative notice pursuant to Article 67 where the contract is awarded by restricted or negotiated procedure;
(b) a notice on the existence of a qualification system pursuant to Article 68 where the contract is awarded by restricted or negotiated procedure or by a competitive dialogue or an innovation partnership;
(c) by means of a contract notice pursuant to Article 69.
In the case referred to in point (a) of this paragraph, economic operators having expressed their interest following the publication of the periodic indicative notice shall subsequently be invited to confirm their interest in writing by means of an invitation to confirm interest in conformity with Article 74.
5. In the specific cases and circumstances referred to expressly in Article 50, Member States may provide that contracting entities may apply a negotiated procedure without prior call for competition. Member States shall not allow the application of that procedure in any other cases than those referred to in Article 50.