Adapted procedure market: what are the limits of negotiation?
Article 28 of the Code des Marches Publics authorizes the contracting authority to negotiate with candidates who have submitted an offer. This negotiation can relate to all the elements of the offer, especially the price.
In this case, several rules must nevertheless be respected:
Rule n ° 1:
The negotiation must be expressly announced either in the notice of advertisement or in the regulation of the consultation (TA Toulouse, Ord.23 November 2010, Sté Vitaris Response SAS, n ° 1004565).
Rule n ° 2:
The contracting authority must indicate in the specifications the different points on which the negotiations may be held and the terms of the negotiation (TA Châlons-en-Champagne, Ord.14 April 2011, SNM, n ° 1100582).
Rule n ° 3:
The contracting authority may not modify or set aside a judgment criterion for the tenders under negotiation so as not to leave the contracting authority discretionary freedom of choice.