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.

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