2.4.8. Negotiated procedure/single tender procedure
A contract may be awarded directly in the following circumstances:
- using the 'single tender procedure' when the contract does not exceed EUR 20 000;
- using the 'negotiated procedure' whatever the value of the contract in exceptional and duly justified cases, provided the factual or legal circumstances described in points 188.8.131.52., 184.108.40.206. and 220.127.116.11. are met. No specific threshold applies in such cases.
The negotiated procedure may only be used in cases stipulated in this Practical Guide. No prior approval can be granted to apply the negotiated procedure in cases others than the ones stipulated in this Practical Guide.
Before selecting the candidates, the contracting authority checks that none of the candidates or their partners is in an exclusion situation in the Early Warning System.
In the case of negotiated procedures, an evaluation committee must be nominated in order to proceed with the negotiation. (Not applicable therefore for the single tender procedure).
In all cases, a negotiation report (Annex A10a for negotiated procedures and Annex A10b for single tender procedures) must be produced, explaining how participant(s) in the negotiations were chosen, how the price was set and the grounds for the award decision.
The negotiation steps shown in the negotiation report template must be followed. Eligibility rules (nationality and non-exclusion) and selection criteria must be duly complied with.
The negotiation report must be approved by the contracting authority.
Prior approval by the European Commission must be sought to use the negotiated procedure.
INDIRECT MANAGEMENT WITH EX ANTE CONTROLS:
Prior approval by the European Commission must be sought to use the negotiated procedure. The negotiation report must be endorsed by the European Commission.
INDIRECT MANAGEMENT WITH EX POST CONTROLS:
No prior approval by the European Commission is required to use the negotiated procedure and the negotiation report does not need to be endorsed by the European Commission.
If applicable, for services and supplies, payments for amounts less than or equal to EUR 2 500 may be made against invoices without prior acceptance of a tender.