Basic procedure with optional negotiations (TP 2)

How to submit an offer in the basic procedure with optional negotiations? A supplier who wants to effectively apply for a public contract in the variant with negotiations must know how this procedure works and what opportunities it provides.

What is the basic procedure without negotiations?

Basic procedure (Art. 275-288 of the Public Procurement Law) is a procedure for national contracts with a value of at least PLN 170 thousand net (the threshold for applying the PZP from January 1, 2026), but does not reach EU thresholds. In variant 2, the buyer reserves the right to conduct negotiations with suppliers; this is not an obligation, but an option that can be used, for example, to lower the offer price or improve its quality.

You will find information in the contract announcement and in the Tender specifications (SWZ) whether the buyer foresees negotiations. This is an important indication: if such an option exists, it is worth preparing for it and including it in the offer strategy.

Stages of supplier participation in the procedure

1. Analysis of the announcement and the SWZ
Your first step should be to read the notice in the Public Procurement Bulletin and the procurement documents carefully. Check whether negotiations are envisaged and what the tender evaluation criteria are. If anything is unclear, you can request clarification of the tender specifications (SWZ). Submit your request no later than four days before the tender submission deadline.

2. Submission of the offer
The offer must be prepared in electronic form, equipped with a trusted, personal, or qualified signature. Attach to the offer:

• a statement pursuant to Art. 125 sec. 1 of the PZP regarding the lack of grounds for exclusion and fulfillment of participation conditions
• required documents (e.g., powers of attorney, commitments from third parties, if applicable)
• any bid security

3. Awaiting evaluation and potential invitation to negotiations
The buyer will evaluate the offers and may decide to conduct negotiations. Only suppliers whose offers have not been rejected will receive an invitation to negotiations. If the buyer limits the number of participants in the negotiations, they will invite those whose offers were best according to the preliminary assessments.

4. Participation in negotiations, or decision to withdraw
Negotiations are confidential and concern only the criteria for evaluating offers. Your offer after negotiations cannot be less favorable than the original one; do not lower the quality or scope of the service. If you do not wish to negotiate, you will still be invited to submit a supplementary offer.

5. Submission of a supplementary offer (optional)
After negotiations, the buyer invites all suppliers to submit supplementary offers. You have a minimum of 5 days to prepare a new version of the offer. Make sure it is better; any deterioration compared to the previous offer may result in its rejection.

6. Outcome of the procedure
The buyer will select the most advantageous offer, whether original or supplementary, depending on which one receives the highest score. The winning supplier will be called upon to submit documents confirming fulfillment of the participation conditions. Other participants will receive notification of the results.

What do you gain as a supplier?

Participating in a procedure with negotiations allows you to:

• to propose more attractive terms for the execution of the order,
• to specify the content of the bid in the evaluation criteria,
• to increase your chances of winning, even if the competition submitted a similar bid originally.

However, you do not have to participate in negotiations; you can stick to the original bid. The buyer will then evaluate this bid based on the established criteria.