Tilbudsforhandling

Tilbudsforhandling (bid negotiations) is a stage in Danish public procurement where a contracting authority engages in structured discussions with one or more bidders after bids have been submitted. The aim is to clarify requirements, terms, and, where appropriate, to obtain improved commercial offers, including price and delivery terms, without altering the fundamental performance criteria. The practice is typically used within open or restricted procedures and is governed by the Danish Public Procurement Act and relevant EU directives; it is only permissible if the procurement documents expressly authorize negotiations and all bidders are afforded equal opportunity.

Participants usually include bidders whose bids meet the basic eligibility criteria and have been shortlisted; the contracting authority may invite one or more of these bidders to engage in negotiations. The scope is limited to clarification and adjustment of matters that do not modify essential project requirements. The authority must document the process and ensure that all participants are treated equally and that there is no discrimination or favouring of a particular bidder.

Process: After bids are submitted, negotiations are conducted to clarify technical specifications, conditions of contract, and price structure. Bidders may be allowed to revise their bids in light of the negotiations, and a final ranking is established based on the revised offers and compliance with the criteria. The contract is awarded to the bidder whose offer represents the best value for money under the published award criteria.

Outcome and challenges: Tilbudsforhandling can help achieve better value and a clearer contract but requires strict adherence to transparency and equal treatment to avoid distortion of competition. Misuse can raise concerns about fairness and legal challenges.