Negotiation and variant in adapted procedures
Rule n ° 1: Precision on the notion of variant:
The Administrative Court recalls that an offer which involves a different method of execution than that provided for in the CCTP is a variant, even though its implementation allows the realization of a work in conformity with that requested by the public person in his CCTP.
Rule n ° 2: Limitation of the possibility for the candidates to propose variant offers being negotiated.
In a negotiating procedure, only tenders submitted before the deadline for submission of tenders may be negotiated.
The contracting authority can not therefore examine and then withhold a variant offer from a candidate, if he had submitted only a basic offer by the deadline for submission of tenders.
This solution, made in the framework of a contract passed according to an adapted procedure, is fully transferable to contracts awarded according to a formalized procedure.
It is all the more satisfactory in that it enables the negotiations to be supervised, and prevents the contracting authority from disclosing to a candidate a variant technical solution proposed by another candidate.