Negotiated procedure in the absence of competition

Can a lack of competition alone justify a negotiated procedure without prior publication? 

On 24 February 2025, in case SKA-24/2025, the Supreme Court of the Republic of Latvia delivered a clear message: competition is the cornerstone of public procurement. A negotiated procedure without prior publication is not the rule, it is strictly limited exception. 

The Court drew clear lines: 

• Simply stating that there is a “lack of competition” is not enough. Contracting authorities must clearly show that no reasonable alternatives are available, and that this situation has not resulted from their own requirements or choices.  

• Delays in planning, convenience considerations or technical restrictions set by the authority itself cannot be used as a reason to avoid a competitive procedure  

• A negotiated procedure without prior publication can be used only as a last resort — when running an open competition is genuinely not possible. 

In an article published by iŽurnāli, WALLESS Senior Associate Beatrise Rihtere explains the Court’s reasoning and what it means in practice for contracting authorities and suppliers. 

Read the full article in Latvian here.