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Competitive Procedure with Negotiation

Competitive Procedure with Negotiation can be used:
  • where the needs of the public body cannot be met without adaptation of readily available solutions
  • the works, supplies or services required include design or innovative solutions
  • a contract cannot be awarded without prior negotiation because of the nature or complexity of the works, suppliers or services
  • the technical specifications of the works, supplies or services cannot be established by sufficient precision by the public body
  • the public body has already tried to procure the goods, works or services using the open or restricted procedure but only received irregular or unacceptable tenders
Under this procedure:
  • the contract notice will make it clear that the competitive procedure with negotiation is being used
  • any supplier may make a request to participate
  • the request to participate must be accompanied by an ESPD
  • following assessment of the submitted ESPDs, the buyer will invite suppliers that meet the selection criteria to the initial tender phase
  • this can be followed by several rounds of negotiation in order for the public body to seek approved offers
  • this may result in a new or revised tender being issued
  • finally, leading to a contract award

A record of clear reasons for selecting this approach is required and commercial confidentiality is of key importance in employing this procedure.

Next Step: Competitive Dialogue