Procurement procedure · Free
Competitive procedure with negotiation
Negotiation permitted after initial tenders.
Competitive procedure with negotiation
What this is
A competitive procurement where the contracting authority may enter into negotiations with one or more selected tenderers after the initial submission phase, to refine technical and/or price offers before award.
When you need it
Use when the tender notice explicitly states that a competitive procedure with negotiation (Article 29) is allowed. It is typically mandatory for complex contracts where the authority wants to optimise value through dialogue, but optional if the contracting authority chooses another procedure.
How to fill it in
- Identify the clause – locate the article reference in the tender notice and cite Article 29 of Directive 2014/24/EU.
- State how many tenderers will be invited to negotiate (e.g., “up to 5 selected economic operators”).
- Summarise the negotiation steps required by the authority (written clarification, technical revision, price revision) and indicate deadlines for each phase as given in the procurement documents.
- Record any selection thresholds – note minimum eligibility or qualification criteria that must be satisfied before a tenderer can enter negotiations.
- Provide links to the relevant sections of the tender pack (section numbers, annexes).
What wins points
Evaluators look for evidence that you understand and can manage the negotiation phase efficiently:
- Clear timetable showing when each negotiation round will be completed.
- Demonstrated ability to adjust technical specifications without breaching the original scope (e.g., “provide alternative design solutions within 10 days”).
- Transparent cost‑benefit analysis for each revision, indicating how the negotiated price improves value for money.
How this gets you disqualified
- Missing the procedural reference – if you omit the required Article 29 citation or fail to state that the tender uses a competitive procedure with negotiation, the submission is deemed non‑conforming.
- No justification for selected candidates – failing to explain how the shortlist was compiled breaches transparency requirements and can lead to exclusion under Article 57 (exclusion grounds).
- Late or incomplete negotiation documents – submitting revised offers after the deadline specified in the tender pack results in immediate disqualification.
Template
[Procedure: Competitive procedure with negotiation] 1. Reference clause: - Tender notice/section: __________ (e.g., Article 29 Directive 2014/24/EU) 2. Number of candidates invited to negotiate: _______ 3. Negotiation timetable: - First clarification deadline: __/__ /____ - Technical revision deadline: __/__ /____ - Final price offer deadline: __/__ /____ 4. Selection thresholds (if any): - Economic operator must meet __________ criteria. 5. Documentation links (tender pack sections): - Section ___ – Procedure description - Annex ____ – Evaluation matrix
What wins points
Demonstrating a clear, timed negotiation plan and specifying how many candidates will be invited shows the authority you can manage the process efficiently, which positively influences the MEAT criteria for economic efficiency.
How this gets you disqualified
Omitting the mandatory Article 29 reference or failing to detail the negotiation timetable leads to a non‑conforming submission and immediate exclusion under the procedural compliance check.
What an evaluator actually looks for
Check that the tender notice explicitly cites Article 29 and that your timetable matches the dates set out in the procurement documents.
Sources
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