3.4.2. Competitive negotiated procedure
Depending on the context and the needs (for instance the availability of required services in the different lots of the FWC and or in the beneficiary country, time and budget available, etc.), the contracting authority may use a competitive negotiated procedure as an alternative to the framework contract without publishing the contract notice.
Note that the competitive negotiated procedure requires more time than the procedure to start an assignment under the framework contract.
The contracting authority draws up a list of at least three service providers and justifies its choice. The candidates are sent a letter of invitation to tender accompanied by a tender dossier. The specific annexes for simplified tenders must be used (administrative compliance grid, contract, contract notice, invitation letter, instructions to tenderers, list of invited tenderers and tender form) for this procedure as well as for the single tender procedure (see below). For any other document of the tender dossier the regular service annexes shall be used. The contract notice is not published, but it is included in the tender dossier as it contains important information for those service providers which are invited to tender. Tenders must reach the contracting authority at the address and by no later than the date and time shown in the invitation to tender. The chosen candidates must be allowed at least 30 days from the dispatch of the letter of invitation to tender to submit their tenders. Tenders must be opened and evaluated by an evaluation committee with the necessary technical and administrative expertise, appointed by the contracting authority.
Tenderers for the competitive negotiated procedure may also be chosen from a list of vendors. The list shall be drawn up following a call for expression of interest and shall be valid for no more than five years from the date of advertisement. A legal framework for this procedure will be developed for future use.
If, having consulted the tenderers, the Contracting Authority receives only one tender that is administratively and technically valid, the contract may be awarded provided that the award criteria are met.
In the event of a failure of the competitive negotiated procedure the contract may be concluded by negotiated procedure (see point 188.8.131.52.). The procedure for evaluating the tenders and awarding the contract is the same as under the restricted procedure (see points 3.3.9. to 184.108.40.206.).
As an exception the contracting authorities may use the competitive negotiated procedure for legal services according to the Common Procurement Vocabulary (CPV) nomenclature9, regardless of the estimated value of the contract.