Notbeschaffung

Notbeschaffung, or emergency procurement, refers to the acquisition of goods, services, or works in situations where waiting for a normal procurement process would endanger public safety, the functioning of essential services, or the continuation of critical operations. It is used to secure immediate needs, such as disaster response, health emergencies, or sudden interruptions in supply chains, where timely action is more important than having a fully competitive process.

The approach is characterized by an accelerated or simplified procedure and may involve direct awards or a negotiated procedure without prior publication. However, the underlying principles of public procurement—whether in national or European contexts—still require justification of urgency, proportionality, and nondiscrimination. Contracting authorities must document the reasons for urgency, demonstrate that the chosen option represents value for money under the circumstances, and minimize the duration and scope of the deviation from standard competitive procedures.

Safeguards are essential to mitigate risks associated with reduced competition. These include clear justification of the need, transparent selection criteria to the extent feasible, and post-procurement review or reporting. After the emergency has passed, authorities may still be required to publish notices or provide explanations for the decision, and to implement measures to improve resilience and future procurement planning.

Notbeschaffung is distinct from routine procurement in its necessity-driven nature and its temporary relaxation of full competitive procedures. It aims to balance rapid response with fundamental principles of fairness, accountability, and fiscal responsibility. Typical examples include emergency medical procurement during a health crisis, rapid reconstruction after a natural disaster, and urgent replacement of critical infrastructure components.