Negotiated procedure

A negotiated procedure is possible according to Article 25, paragraphs 2 and 3 ÖAWV Verordnung über das Öffentliche Auftragswesen up to a maximum contract value of CHF 143'923 for works, supply and service contracts.

The contracting authority invites, if possible, at least three interested persons of its choice according to suitability criteria (Article 25, paragraph 1 ÖAWG).
As far as possible, negotiations must also be held with applicants outside the respective site municipality (Article 25, paragraph 2 ÖAWG).

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

The contracting authority may limit the number of suitable candidates, provided that there are sufficient suitable candidates available

If the number of candidates meeting the selection criteria and minimum requirements is lower than the minimum number provided for, the contracting authority may proceed with the procedure by inviting the candidates who have 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 of the Public Procurement Act).

The contracting authority shall ensure that all candidates and tenderers are treated equally during the negotiations, and in particular 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 under paragraph 2d above in writing of any changes in the technical specifications or tender documents which do not affect the determination of the minimum requirements. Following such changes, 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 so as to reduce the number of offers to be negotiated on the basis of the award criteria specified in the notice, invitation to tender or tender documents. The notice, invitation to bid or bidding documents must indicate whether this option will be used. In the final phase, there must still be enough offers to ensure genuine competition, provided that there is a sufficient number of suitable applicants (Article 25, paragraph 2d ÖAWG).

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

The contracting authority may not disclose the confidential information of a candidate or tenderer to the other participants without its consent

An announcement in the area of national thresholds may be dispensed with, unless it is a case pursuant to Article 25, Paragraph 1 ÖAWV. In the area of international thresholds, an announcement must be made in the cases pursuant to Article 24, paragraph 3 ÖAWV.

An announcement in the area of national thresholds may be dispensed with, unless it is a case pursuant to Article 24, paragraph 1 ÖAWV

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

Sequence of Negotiated Procedures (66 kb)