1. Negotiated procedures without prior publication of a contract notice shall start by sending an invitation to tender, with the exception of the case specified in Article 98(4)(c)-(d), and in the case pursuant to Article 102(2) it shall start by sending an invitation to negotiate. If several tenderers may submit a tender, the invitation to tender or the invitation to negotiate shall be sent to all tenderers at the same time.
2. In the negotiated procedures without prior publication of a contract notice, only those economic operators may submit a tender which were invited to tender. The economic operators invited to tender may not submit a joint tender, however, nothing prevents any economic operator invited to tender from submitting a joint tender with any other economic operator not invited to tender by the contracting authority.
3. Where Article 98(2)(b) and (4)(a) applies to the negotiated procedure and, if it is reasonably possible in a situation resulting in extreme urgency, in the case of application of Article 98(2)(e), the contracting authority shall, as far as possible, send an invitation to tender to at least three tenderers.