Negotiated Procedure
As Gaeilge: Nós Imeachta Idirbheartaithe
Also known as: Negotiated Procedure with Prior Publication, Competitive Procedure with Negotiation
Last reviewed April 2026
A flexible EU procedure where the authority negotiates terms with shortlisted bidders: only allowed in defined circumstances.
Two variants exist. (1) Competitive procedure with negotiation (Regulation 29, S.I. 284/2016): used for complex requirements where solutions are not readily available, design or innovation is needed, or specifications cannot be drafted with sufficient precision. Open advertisement, then negotiation with shortlisted bidders. (2) Negotiated procedure without prior publication (Regulation 32), used only in exceptional circumstances such as extreme urgency caused by unforeseeable events, no suitable tenders received in a prior open competition, or where only one supplier can deliver (technical reasons, exclusive rights). The without-publication route is heavily scrutinised and a frequent subject of audit findings.
In the Tenderwatch data
- Appears in 12 notices captured in the last 12 months on Tenderwatch (as at November 2026).
Sources and legal basis
Primary legislation and official guidance. Always confirm the current text on the source before relying on it.
Open Irish tenders featuring Negotiated Procedure
Accounting and auditing services – Financial and accounting support
European Commission, DG BUDG - Budget · deadline 30 Nov 2026
IT services: consulting, software development, Internet and support – Development, Implementation, Maintenance and Operation of financial IT Systems
European Commission, DG BUDG - Budget · deadline 30 Nov 2026
Related terms
Open Procedure
The simplest EU procedure: any supplier can submit a tender, with no shortlisting stage.
Restricted Procedure
A two-stage EU procedure: pre-qualification followed by invitation to shortlisted candidates.
Competitive Dialogue
A flexible EU procedure for complex contracts where the authority develops the solution with shortlisted candidates.
Innovation Partnership
An EU procedure where the buyer co-develops a new product or service with one or more suppliers and can buy the result without re-tendering.
Competitive Procedure with Negotiation
An EU procedure where the buyer invites tenders, then negotiates with shortlisted bidders before final offers, used for complex or design-led contracts.
Utilities Directive
The separate EU procurement regime for utilities sectors (water, energy, transport, postal), with higher thresholds and more flexible procedures.
Single-Tender Action
A direct award to a single supplier without a competition, allowed only in narrowly defined circumstances and subject to audit scrutiny.
Economic Operator
The EU procurement term for any supplier, contractor or service provider (an individual, firm, or consortium) that bids for or performs a public contract.
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