1. In negotiated procedures, the negotiations between the contracting authority and one or more tenderers aim to award the contract with the most advantageous terms.
2. In the course of the negotiations, the contracting authority shall ensure equal treatment of the tenderers, thus in particular, all information provided by the contracting authority shall be communicated to all tenderers.
3. If the contracting authority negotiates with the tenderers one by one, no information provided by the tenderer about his tender during the negotiation may be communicated to the other tenderers without his permission.
4. The contracting authority shall draw up minutes of each negotiation, the minutes shall be signed by all tenderers that participated in the stage in question not later than by the commencement of the subsequent stage of the negotiation or, in the case of a single stage or the last stage not later than two days after the negotiations ended, and a copy of such minutes shall be handed over or dispatched to them within two business days.
5. The contracting authority shall have the right to stipulate that the negotiations in the tendering stage of the procedure will be conducted by him in several stages and that it will continue the negotiation in the subsequent stage only with those tenderers which submitted the most favourable tender according to the award criteria. In such cases the contracting authority shall already state in the notice launching the procedure that he intends to reduce the number of the tenderers in the course of the negotiation. For the purposes of the submission of final tenders, genuine competition shall be ensured in those cases as well, the number of tenderers to be invited to submit their final tender may not be reduced to one tenderer in the course of the rounds of the negotiation.
6. 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
- modify the terms set out in the notice announcing or launching the procedure, the invitation to tender and the procurement documents or complement those terms to such an extent that would distort competition or prejudice equal opportunities of economic operators, in particular, where the decision of the interested economic operators concerning their ability to participate in the procurement procedure could have been substantially influenced by their awareness of the new terms or the modifications would make any tenderer incapable to submit a final tender at the end of the negotiations.
- change the award criteria or method.
- change the minimum requirements established by the contracting authority in accordance with Article 87(1).
7. In the case pursuant to paragraph 5, the contracting authority shall stipulate in advance in the invitation to tender the process of such a multi-round negotiation and the upper limit of the number of tenderers to be selected for the negotiation following the first or the given round. In the course of further negotiations conducted with the tenderers selected in the above manner the tenderers may only submit tenders which are more advantageous to the contracting authority compared to the tenders submitted in earlier rounds.
8. The contracting authority shall notify all tenderers participating at the negotiations of any amendment to the technical specifications or other procurement documents in good time to allow them to modify their tender, prior to the submission of the final tenders or the modified tenders requested from tenderers in the course of the negotiations.
9. The contracting authority shall clearly notify in advance the tenderers of the date of conclusion of the negotiations, if the invitation to tender does not contain any precise information in this respect. As a conclusion of the negotiations, the contracting authority shall invite tenderers to submit a final tender in writing. The contracting authority shall also specify the time limit for submission of final tenders.