In this procedure the buyer negotiates with the selected bidders to improve their bids. It suits cases where the market has no ready solution and the terms cannot be described precisely in advance.
When it applies
Only on the grounds in Art. 73(2) of the Public Procurement Act, for example when:
- the needs cannot be met without adapting available solutions;
- the tender includes design or innovative solutions;
- the technical specifications cannot be set precisely enough;
- negotiation is needed because of particular circumstances (nature, complexity, legal or financial framework);
- the tender is for social and other specific services (Annex No. 2);
- an earlier open or restricted procedure was terminated because all bids were unsuitable.
How it runs
- Notice and submission of requests to participate.
- Pre-selection.
- The invited candidates submit initial bids.
- Negotiation – it may be in stages, with the number of bids reduced by the announced criteria.
- Final bids, evaluation and decision.
The buyer may award the tender on the initial bids if it provided for this in the notice.
Deadlines
| Stage | Minimum deadline |
|---|---|
| Requests to participate | 30 days |
| Initial bids | 25 days |
The deadlines may be shortened as in the restricted procedure.
> Important: The minimum requirements and the award criteria are not negotiated. Negotiation is about the price and the terms the documents allow to be improved.
Updated on 3 Oct 2026. General information, not legal advice. The Public Procurement Act, its implementing regulation and the tender documents prevail.
