Overview
This regulation sets out the rules that apply to competitive dialogue procurement procedures, including the rules in relation to minimum timescales for requests to participate.
A contracting authority may only award a contract following the competitive dialogue procedure on the basis of the best price-quality ratio.
The authority may discuss all aspects of the procurement with the chosen suppliers during the dialogue but must ensure that suppliers are treated equally.
The regulation also states that a competitive dialogue procedure may take place in successive stages in order to reduce the number of solutions to be discussed.
Before assessing the final tenders, the contracting authority may request a supplier to clarify, specify and / or optimise its final tender, subject to certain conditions.
Once the contracting authority has identified the tenderer who submitted the final tender with the best price-quality ratio, then the contracting authority may request negotiations with the successful supplier to confirm financial commitments or other terms contained in the successful supplier’s final tender by finalising the terms of the contract, again subject to certain conditions.
Objective at this commercial stage
Conduct the dialogue stage with a view to identifying the solution or solutions which are most capable of meeting the contracting authority’s needs.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that the dialogue stage aims to identify and define the means best suited to satisfying the contracting authority’s needs
- discuss all aspects of the procurement with the chosen suppliers during the dialogue provided that all suppliers are treated equally
- not reveal to the other suppliers in the dialogue other solutions or information, unless the relevant supplier agrees to the intended communication of the specific information
- continue the dialogue process until it can identify one or more solutions which are capable of meeting its needs
- declare the conclusion of the dialogue stage before inviting suppliers to submit their final tenders
- carry out sufficient due diligence to verify the deliverability and compliance of final tender submissions.
Legal framework
See also in the Procurement Act 2023:
- Section 20: Competitive tendering procedures
- Section 54: Time limits
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
