Közbeszerzési Hatóság

85. §

Negotiated procedures

85. §

1. The negotiated procedure is a procurement procedure consisting of two stages in the first stage of which, that of participation, the contracting authority shall decide, in line with the provision set out in Article 69, whether or not the candidate is suitable for the performance of the contract. No offer may be made by the candidate in the participation stage. In the second stage, that of tendering, the contracting authority conducts negotiations on the terms of the contract with the suitable candidates invited to submit a tender.

2. Contracting authorities may conduct a negotiated procedure in the following cases:

  1. the needs of the contracting authority may only be satisfied by adjusting, tailoring ready-made solutions which are immediately available on the market;
  2. the subject-matter of the public contract includes design or innovative solutions;
  3. the most favourable tender cannot be selected without prior negotiations because of specific circumstances related to the nature, complexity of the contract, its legal and financial terms;
  4. the technical specifications cannot be established by the contracting authority with sufficient precision in accordance with one of the following references: standards, European Technical Assessment, common technical specifications or technical references; or
  5. the previously conducted open or restricted procedure failed because all the tenders submitted were invalid or the procedure failed on the basis of Article 75(2)(b) because all the tenders submitted exceeded the amount of the financial cover available to the contracting authority.