In the often rigid and codified environment of public procurement, negotiation is all too often relegated to the background. However, with good practice and a thorough understanding of the processes involved, it is possible to excel in this art, even within the constraints of the law.
Limits imposed by regulations
Public procurement, particularly in Europe, is strictly regulated by directives designed to guarantee transparency, equal access and competition. These requirements limit the scope for negotiation, particularly at the award stage. However, certain procedures, such as competitive dialogue and negotiated procedures, do open up interesting opportunities for discussion with bidders.
Preparing the ground in advance
The art of negotiation in public procurement starts well before the selection of candidates. A clear and precise definition of requirements, accompanied by a well thought-out purchasing strategy, is essential. This involves:
- Market analysis, to identify existing solutions and understand suppliers' capabilities.
- The structuring of award criteria, which must leave room for qualitative assessment.
- Drawing up specifications, formulated in such a way as to encourage innovation and maximise the scope for discussion within the legal framework.
Negotiating despite appearances
Even in cases where negotiation seems to be out of the question, it can subtly interfere:
- Clarifications and preliminary discussions: Question periods help to guide bidders towards a better understanding of requirements. Strategic responses can favourably influence bids.
- Dynamic assessments: The inclusion of simulations or specific scenarios in the criteria can indirectly test tenderers' capabilities and open up constructive discussions.
- Post-award optimisation: Although negotiation is limited once the contract has been awarded, certain clauses (such as those on variations in volume or unforeseen needs) can be used to adjust the terms in the mutual interest.
The keys to excellence
To maximise results, here are a few essential skills:
- Anticipation and active listening: Understanding suppliers' issues enables us to find mutually beneficial common ground.
- Mastering the rules: Understand the subtleties of the law to avoid mistakes while taking advantage of the opportunities offered by the legislation.
- Assertive communication: Convincing, based on rational arguments and solid data.
The example of the energy transition
In complex sectors such as energy transition, negotiation becomes an essential lever. Large-scale projects require constant adjustments between budgetary constraints, environmental expectations and suppliers' capabilities. A proactive approach can transform a simple call for tenders into a strategic collaboration that benefits all parties.
Conclusion
The art of negotiation in public procurement lies in the subtle balance between respecting the rules and exploiting the available room for manoeuvre. Buyers who master this strategic approach can not only maximise value for their organisation, but also build solid, lasting relationships with their partners.
Aria Partner is your ally in transforming the constraints of public procurement into strategic opportunities
At Aria Partner, we understand the intricacies of public procurement and the challenges of negotiating and managing procedures in a regulated environment. We use our expertise to help our clients optimise their procurement processes, develop appropriate tendering strategies and maximise opportunities for dialogue with bidders. Our approach combines legal rigour and strategic creativity to ensure results that meet your organisation's needs while complying with legal constraints.
The art of negotiating public contracts: between rigour and expediency