Competitive Dialogue

The use of Competitive Dialogue as a procurement procedure has gathered momentum since the introduction of the Public Contracts Regulations 2006. In fact, between November 2010 and October 2011 over 600 Competitive Dialogues were advertised in the UK.

The principal reasons for using the Competitive Dialogue route are detailed in the second paragraph of Article 1(11)(c) of the Regulations which identifies two types of markets that are regarded as being particularly complex, specifically "where the contracting authorities are not objectively able to define the technical means... capable of satisfying their needs or objectives and/or are not objectively able to specify the legal and/or financial make-up of a project".

While many Competitive Dialogue procedures have been successfully completed, there have been cases of organisations misinterpreting the use of the procedure and wasting valuable resources on exercises.

This PASS Skills Training Workshop looks at current guidance for undertaking a Competitive Dialogue along with case studies examining some completed projects.

The workshop will look at the various stages of the process and will consider the complexities involved in undertaking a Competitive Dialogue and the issues faced by authorities in terms of resources, cost and time, including:

• early market engagement
• invitation to participate in dialogue
• the dialogue phase
• calls for final tenders
• best and final offers
• preferred bidder stage

The Competitive Dialogue procedure can be a time-consuming and costly undertaking; however, failure can cost an authority millions of pounds and set a project back by years. Over and above the financial issue there is also a risk of challenge in numerous elements of the process, including incorrect justification for the procedure, material variation and even failure to maintain confidentiality.

To assist you in understanding the intricacies of the Competitive Dialogue procedure, this workshop will include discussion on three case studies from previously completed Competitive Dialogue exercises, including one from the bidders' perspective.

Who should attend?

• Procurement managers and officers
• Contract managers
• Legal officers
• Finance officers
• Project managers
• Contractors
• Stakeholders and end users

Why attend?

Competitive Dialogue is a time-consuming and expensive process which requires authorities to ensure that everyone involved has a clear understanding of the procedure and outcomes expected from the outset. This PASS workshop will highlight a number of key issues that need to be considered when running a Competitive Dialogue. It will provide delegates with a clearer understanding of the resources and skills required to undertake a successful Competitive Dialogue and provide a clear road map through the intricacies of the process.