All contracts (supplies, services or works)
Where tenders received under a previous competition exercise held under the Open or Restricted procedures have been irregular, or unacceptable, or none were received, the proposed terms of the contract must be substantially unaltered from those originally used. The resultant tender should be advertised in the OJEU, giving reasons for use of the negotiated procedure.
Note: If all of the participants in the previous exercise are to be invited to negotiate, then there is no need to advertise the use of the negotiated procedure. However, if some that had participated in the earlier tender exercise are rejected, then the use of the Negotiated procedure must be advertised in the OJEU. [In both instances, the negotiated tender must be substantially unchanged from the original exercise undertaken under the Open or Restricted procedure]
Supply and works contracts only
The goods covered by the contract are to be manufactured purely for the purpose of research, experiment, study and development but not when the goods are to be purchased or hired to establish their commercial viability or to recover their research and development costs.
Services and works contracts only
In exceptional circumstances, the Negotiated procedure may be used where the
- nature of the work/service is such that it cannot be priced before starting or
- the contracting authority wishes to carry out new works which are a repetition of works carried out under the original contract and in accordance with the project for the purpose of the original contract. Note in this case, the value of the additional work may not exceed 50% of the original contract value.
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