Negotiation procurement procedure is a procedure used by the procurer as an exception and according to which the procurer concludes a procurement agreement with the participant after negotiations with one or more participants.
To use the negotiation procedure, there must be a decision of the tender committee documented in the form of a protocol.
Features of the negotiation procedure.
The main differences in the negotiation procedure from open bidding and competitive dialogue:
- during the negotiated procurement procedure, no auction is conducted;
- the negotiation procedure does not envisage the creation and publication of tender documentation;
- the time period of this procedure is minimal;
- the procurer uses the negotiation procedure as an exception and only if there is a documented confirmation of one of the grounds listed in Article 35, paragraph 2, of the Law "On Public Procurement".
During this procedure, the procurer requires the participants to provide information confirming their compliance with the qualification criteria such as:
- availability of equipment and material and technical base;
- availability of appropriately qualified personnel with the necessary knowledge and experience;
- the presence of documented experience in the implementation of a similar agreement.
The procurer does not need to establish confirmation of qualification criteria for participants if the subject of procurement is:
- oil, crude oil;
- electric power, services for its transmission and distribution;
- centralized supply of heat energy;
- centralized supply of hot water;
- centralized heating services;
- postal services;
- post stamps and marking envelopes;
- telecommunication services, including telecommunication services;
- centralized water supply and / or transportation services;
- public transportation services.
A negotiated procedure may be simplified in case of an urgent need for procurement if special economic or social circumstances occurred. That makes it impossible for procurers to meet the deadlines for the tender.
Conclusion of the agreement.
Procurer may conclude an agreement by a negotiated procedure with a participant not earlier than 10 calendar days from the date of promulgation of the announcement of an intention to conclude a agreement (for a simplified procedure - not earlier than after 5 calendar days) and not later than 35 calendar days (for a simplified procedure not later than 20 calendar days), from the date of announcement on the web portal of the Authorized Agency of a notice of an intention to conclude an agreement based on the results of the use of the negotiated procurement procedure.