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Competitive Dialogue

Competitive Dialogue can be used:
  • where the needs of the public body cannot be met without adaptation of readily available solutions

  • the works, supplies or services required include design or innovative solutions

  • a contract cannot be awarded without prior negotiation because of the nature or complexity of the works, suppliers or services

  • the technical specifications of the works, supplies or services cannot be established by sufficient precision by the public body

  • the public body has already tried to procure the goods, works or services using the open or restricted procedure but only received irregular or unacceptable tenders

Under this procedure:
  • the contract notice will make it clear that the competitive dialogue procedure is being used and will also set out the award criteria which the public body will apply during the dialogue stage

  • any supplier may make a request to participate

  • the request to participate must be accompanied by an ESPD

  • following assessment of the submitted ESPDs, the buyer will conduct a dialogue with the suppliers which meet the selection criteria. The aim of the dialogue will be to developone or more suitable alternative solutions capable of meeting the requirements.

  • on the basis of this dialogue the buyer will select suppliers to invite to tender

A record of clear reasons for selecting this approach is required and commercial confidentiality is of key importance in employing this procedure.

See also: further information on the advertising time limits related to this procedure.

Details of the procedure can be found in The Public Contracts (Scotland) Regulations 2015.

Next Step: Innovation Partnerships