“Competitive Dialogue – How to make best use of the dialogue phase”, Michael Burnett (EIPA, Maastricht)

In Directive 2014/24/EU– the latest EU Public Procurement Directive – Competitive Dialogue was made easier to justify than in the former directives and thus are more readily available for use. It was also introduced as an available procedure in the utilities sectors in Directive 2014/25/EU. 

Recital 42 of the Directive noted that Competitive Dialogue “has shown itself to be of use in cases where Contracting Authorities are unable to define the means of satisfying their needs or of assessing what the market can offer in terms of technical, financial or legal solutions”. But experience shows that Competitive Dialogue is difficult to implement effectively for complex infrastructure and ICT projects and to modernise public services in the current fiscal climate.

The dialogue phase is the key to the successful application of Competitive Dialogue – this blog sets out some key issues about how to plan and conduct the dialogue phase to ensure that the award process achieves its aims for the awarding authority.

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