Reg. 30 (PCR 2015)

Competitive dialogue

In: Procure > Selection stage

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

Comply with the rules and procedures for the selection of suppliers to participate in the dialogue stage, as set out in the procurement documents, ensuring all suppliers are treated equally.

Key considerations at this commercial stage

Contracting authorities should:

  • invite at least three suppliers to participate in the dialogue stage, provided that at least three suppliers meet the selection criteria and the minimum technical and professional ability standards.

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