5.4.1 Negotiated procedure with one (1) economic operator

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In many cases, such as for example in negotiated procedures without publication of a contract notice, Contracting Authorities have to negotiate with only one economic operator of their choice.

This may happen either because the particular case concerns only one economic operator (for example, the 2nd case of the negotiated procedure without publication of a contract notice, which concerns the award of the contract only to one economic operator; or the 5th, 9th and 10th cases of the same procedure, which concern the award of additional supplies and of additional or new works or services under an original contract) or because only one economic operator submitted a request to participate in response to a relevant invitation.

In these cases, the negotiation is conducted directly with the selected economic operator, and concerns the operator’s technical offer as well as and his financial offer.

To this end, the Contracting Authority issues tender documents on the basis of which the economic operator is invited to submit a tender. The provisions of the tender documents depend on the complexity of the contract.

The Contracting Authority evaluates the tender submitted by the tenderer (technical offer and financial offer) and, if it considers it to be disadvantageous, invites the tenderer to negotiate.

During this procedure, the Contracting Authority initially negotiates with the tenderer the technical part of his tender and, if an agreement is reached, invites the tenderer to submit an improved financial offer.

The Contracting Authority reserves the right to accept or reject this offer.

It is not appropriate for the Contracting Authority to negotiate the tenderer’s financial offer with a view to forcing the tenderer to accept an additional reduction, as the latter will be aware that if this does not happen, then he shall not be awarded the contract.

 


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