Negotiated procedure

A negotiated procedure is possible up to a maximum contract value of CHF 143,923 for works, supply and service contracts in accordance with Article 25, paragraphs 2 and 3 of the Public Procurement Ordinance.

Where possible, the contracting authority shall invite at least three interested persons of its choice in accordance with suitability criteria (Article 25, paragraph 1 of the Public Procurement Ordinance).
Where possible, negotiations shall also be conducted with candidates from outside the respective local authority (Article 25, paragraph 2 ÖAWG).

The contracting authority may limit the number of persons it invites to submit an offer, provided that a sufficient number of suitable candidates are available. In the contract notice or invitation to tender, it shall specify the objective and non-discriminatory criteria or rules it intends to apply, the minimum number of candidates to be invited and, where appropriate, the maximum number (Article 25(2a) ÖAWG).

If the number of candidates meeting the selection criteria and minimum requirements is below the minimum number provided for, the contracting authority may continue the procedure by inviting the candidates with the required capacity. Other companies that have not applied to participate or candidates that do not have the required capacity may not be admitted to the same procedure (Article 25, paragraph 2b ÖAWG).

The contracting authority shall ensure that all candidates and tenderers are treated equally in the negotiations; in particular, it shall refrain from any discriminatory disclosure of information that may favor certain candidates and tenderers over others. It shall inform all tenderers whose tenders have not been eliminated in accordance with paragraph 2d in writing of any changes to the technical specifications or the tender documents that do not affect the definition of the minimum requirements. Following such amendments, the contracting authority shall grant the tenderers sufficient time to amend their tenders and, if necessary, to submit revised tenders (Article 25, paragraph 2c ÖAWG).

The contracting authority may provide for the negotiated procedure to be conducted in successive stages in order to reduce the number of tenders to be negotiated on the basis of the award criteria specified in the contract notice, invitation to tender or tender documents. The contract notice, invitation to tender or tender documents must state whether this option will be used. In the final phase, there must still be enough tenders to ensure genuine competition, provided there is a sufficient number of suitable candidates (Article 25, paragraph 2d ÖAWG).

The contracting authority may not disclose the confidential information of a candidate or tenderer to the other participants without their consent. Such consent may not be given generally, but only in relation to the intended communication of specific information (Article 25, paragraph 2e ÖAWG).

Publication in the area of national thresholds may be dispensed with unless it is a case pursuant to Article 25, paragraph 1 of the AEAO. In the area of international thresholds, a contract notice must be published in cases in accordance with Article 24, paragraph 3 of the Public Procurement Ordinance.

Taking into account the contracting authority, the contract notice and the candidates/offerors, the graphic procedure is as follows:

Procedure for negotiated procedures (66 kb)