1. Article 88(2)-(4) shall also apply accordingly to negotiations. Article 88(9) shall apply subject to the condition that the final tender shall only be submitted in writing, if more than one tenderer participates in the procedure.
2. In the course of the negotiation, the subject-matter and the terms of the public procurement may not be modified in such a way as to
- result in a divergence in the properties or conditions of the subject-matter or the terms of the contract awarded in the procedure from the original subject-matter intended to be purchased or from the terms of the contract laid down at the time of sending of the invitation to tender to such an extent that would have not allowed the application of a negotiated procedure without prior publication of a contract notice,
- modify the terms set out in the invitation to tender and the procurement documents or complement those terms to such an extent that makes any tenderer incapable to submit a final tender at the end of the negotiations, or
- change the award criteria or method.