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last updated: 5th August 2015

Under the procurement legislation, a contracting authority has a free choice between the open and restricted procedures.

Competitive dialogue can only be used for works, supplies or services fulfilling one or more of the following criteria:

  1. the needs of the contracting authority cannot be met without adaptation of readily available solutions;
  2. they include design or innovative solutions;
  3. the contract cannot be awarded without prior negotiation because of specific circumstances related to the nature, the complexity or the legal and financial make-up or because of risks attaching to them;
  4. the technical specifications cannot be established with sufficient precision by the contracting authority with reference to a standard, European Technical Assessment, common technical specification or technical reference;

 

The competitive dialogue procedure can be used with regards to works, supplies or services where, in response to an open or restricted procedure only irregular or unacceptable tenders are submitted.

The Competitive Procedure with Negotiation can only be used for works, supplies or services fulfilling one or more of the following criteria:

  1. the needs of the contracting authority cannot be met without adaptation of readily available solutions;
  2. they include design or innovative solutions;
  3. the contract cannot be awarded without prior negotiation because of specific circumstances related to the nature, the complexity or the legal and financial make-up or because of risks attaching to them;
  4. the technical specifications cannot be established with sufficient precision by the contracting authority with reference to a standard, European Technical Assessment, common technical specification or technical reference;

 

The competitive procedure with negotiation can be used with regards to works, supplies or services where, in response to an open or restricted procedure only irregular or unacceptable tenders are submitted.

Innovation Partnership procedure may be used when a contracting authority has a need for an innovative product, service or work that cannot be met by purchasing products, services or works on the market, and wishes to set up a partnership with one or more suppliers with the aim of the development of the innovative produce, service or work.

The negotiated procedure without prior publication may only be used in the limited circumstances described in The Public Contracts Regulations.

The Cabinet Office have issued a Procurement Policy Note which may aid colleges in deciding which procedure best suits the procurement in question.

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