The Public Procurement Law, which has been in force since the beginning of the year, has changed the relationship between contracting authorities and contractors in many respects. It is worth taking advantage of new opportunities, especially in the area of negotiations between potential contracting parties.
The best example of such changes is the introduction of THREE OPTIONS of the basic mode. While the regulations pertaining to the first of them correspond to the former open tender, in the other two the legislator allowed for negotiations between the contracting authority and potential contractors.
Obviously, given the insignificance of “negotiated” procedures in the previous Procurement Law, this is a major change.
It should be borne in mind that the broadest opportunities for the use of negotiation are offered under the third option, where the terms and conditions of the contract may be the subject of negotiation, with the main purpose of increasing the effectiveness of the contract.
At the same time, there is no doubt that actual implementation of the new regulations will require BIG CHANGES IN CONTRACTING PRACTICES. However, it is worth encouraging them to be open to negotiations, as conducting them well is a chance for better contract preparation.