(1) Subject to subsections (2) and (3), the procuring entity shall not negotiate with the successful tenderer or any other tenderer except in prescribed special circumstances.
(2) The accounting officer, Public Procurement Committee or Board shall, where the special circumstances referred to under subsection (1) apply, initiate and oversee the negotiation between a procuring entity and the successful tenderer or any other tenderer in accordance with instructions issued by the Director.
(3) Negotiation between a procuring entity and the successful tenderer must follow the prescribed procedure.
(4) For the purposes of subsection (3), negotiation does not relate to the price of the tender, except in the case of direct tendering, or where the price of the tender has not been taken into account in the evaluation methodology.