Under the Competitive Dialogue procedure, any economic operator (supplier) may request to participate in the exercise. The contracting authority makes an initial evaluation of the candidates based upon the grounds of exclusion and the selection criteria published in the contract notice. It then enters into a dialogue with the candidates with the purpose of developing one or more suitable alternative solutions capable of meeting the contracting authority's requirements.
Note: It is important that the grounds for exclusion, the selection and the award criteria are not confused and used at the wrong stage of the tendering process. A contracting authority cannot take account of a tenderer's experience, manpower, equipment or ability to perform the contract by an anticipated deadline (which are selection criteria relating to capability) as part of the award criteria. Such criteria should only be taken into account at pre-qualification stage.
A notice is published in the OJEU to indicate the use of the competitive dialogue procedure. Suppliers respond to the advertisement and request to participate. See Types of Communication.
Only the most economically advantageous award criteria can be used to award the contract.
The procedure may be completed in successive stages in order to reduce the number of potential solutions by applying the particular award criteria.
Tenders are then sought from the participants for the solution(s) identified during the dialogue and are assessed against the published award criteria.
As suppliers are removed from the tender process, they should be so advised and, if requested, de-briefed within 15 days of receiving such a request.
After the award decision has been made
- all remaining bidders must be advised of the proposed award decision and the mandatory standstill period observed
- a contract award notice must be published in the OJEU within 48 days of the contract award, and
- any request from a supplier to be de-briefed must be completed within 15 days of the request.
The OGC published guidance on the use of Competitive Dialogue in July 2008 [pdf 276kb]
The Olympic Delivery Authority published a Lessons Learnt report on its use of competitive dialogue [pdf 146kb]
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