Basic procedure with negotiations (TP 3)

A basic procedure with negotiations is one of the three possible versions of the national procurement procedure (below the EU thresholds, but from PLN 170 thousand net, which is the threshold for applying the PZP from January 1, 2026). This is a variant that allows the buyer to conduct discussions with suppliers before submitting final offers. For the supplier, this means additional stages and obligations, so it is worth knowing what to expect.

When is it known that the procedure is conducted with negotiations?

The buyer indicates in the contract announcement and in the description of needs and requirements (OPiW) that it will conduct a basic procedure with negotiations. The OPiW contains general information about the order, its objectives, minimum requirements, and criteria for evaluating offers, but it does not yet contain the full documentation, such as the tender specifications (SWZ).

The supplier's first step: the decision to submit an offer subject to negotiations

After the announcement is published in the Public Procurement Bulletin and the OPiW is made available on the website, the supplier can familiarize themselves with the documents and decide whether to submit a so-called offer subject to negotiations. Such an offer:

• is not yet a binding offer
• does not have to contain all final elements
• must comply with the minimum requirements specified in the OPiW

The deadline for submitting this offer is at least 7 days (for supplies and services) or 14 days (for construction works) from the announcement.

What next? Offer evaluation and invitation to negotiations

After opening the offers subject to negotiations, the buyer checks them for compliance with the OPiW and the provisions of the act (art. 226 PZP). Offers that are non-compliant, submitted after the deadline, or by a supplier subject to exclusion, will be rejected.

If the buyer has stipulated a limit on the number of suppliers in negotiations, only those with the highest preliminary rating, no less than three, if so many meet the requirements, will be invited. Other suppliers will not proceed to the next stage.

Participation in negotiations

Negotiations are confidential and conducted electronically. Their purpose is to refine the offers: technical content, terms of contract execution, etc. A supplier who does not participate in the negotiations will not be invited to submit a final offer.

Invitation to submit final offers

After the negotiations are completed, the buyer sends an invitation to submit final offers. At that point, the supplier receives the full specification of the contract terms (SWZ), which details the OPiW but cannot change the minimum requirements.
The deadline for submitting the final offer is a minimum of:

• 5 days, for supplies and services
• 10 days, for construction works

Submission of the final offer

The final offer is a binding offer. It must be prepared according to the tender specifications (SWZ) and submitted electronically, with a qualified or trusted/personal signature.

Evaluation and selection of the most advantageous offer

The buyer examines the final offers in accordance with Article 226 of the PZP and selects the one that received the highest score according to the established criteria. They may also call upon the supplier to supplement documentary evidence (if they have not done so previously).

What is worth remembering?

• The negotiation procedure gives the chance to influence the final terms of the contract
• The negotiation stage is not mandatory, but skipping it prevents further participation
• Submitting two offers: an initial one (for negotiation) and a final one
• Strict deadlines, both for the initial and final offer