Negotiations

Negotiations take place within the framework of an procurement procedure in order to enter into a direct dialogue with the bidders and to improve the submitted bid or to clarify ambiguities. The possibility of negotiations serves to achieve the best possible solution and to meet the requirements of the contracting authority.

Negotiations are not admissible in every type of procedure. Negotiations are permissible, inter alia, in the upper threshold range in the negotiated procedure pursuant to Section 17 VgV, competitive dialogue pursuant to Section 18 VgV and the innovation partnership pursuant to Section 19 VgV and in the lower threshold range in the negotiated award pursuant to Section 12 UVgO.

However, negotiations in the award procedure are subject to certain principles and rules:

Transparency

Negotiations must be transparent and non-discriminatory. All bidders invited to submit a bid should have the same opportunity to participate in the negotiations.

Equal treatment

All bidders must be treated equally and must not receive information that is not available to other bidders. Negotiations should be conducted in a fair and non-discriminatory manner.

Confidentiality

Negotiations may involve confidential information. Both the contracting authority and the bidders must ensure the confidentiality of information exchanged during negotiations.

Limits to negotiations

Negotiations must not result in changing fundamental aspects of the procurement process, such as the tender conditions or the evaluation criteria. Negotiations are intended to clarify or improve the tender submitted, but not to change the procurement procedure itself.

The results of negotiations can vary. The bid may be improved, for example, by adjusting prices, clarifying technical specifications or providing further information. In some cases, negotiations may also lead to the withdrawal of the bid if no agreement can be reached.