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Competitive dialogue procedure meaning

What does Competitive dialogue procedure mean?
Competitive dialogue procedure is a way for a contracting authority to run a public procurement for complex works, services or mixed contracts by discussing solutions with shortlisted bidders before calling for final tenders. It is used where the authority cannot define the technical means or the legal/financial structure at the outset, so bidders’ input helps shape the specification. The procedure is defined in legislation: formerly in England, Wales and Northern Ireland by the Public Contracts Regulations 2015, in Scotland by the Public Contracts (Scotland) Regulations 2015, and in Ireland by the 2016 public authority contracts regulations implementing Directive 2014/24/EU. From 28 October 2024 the procurement Act 2023 replaces named procedures in England, Wales and Northern Ireland; new procurements use the competitive flexible procedure, but competitive dialogue still applies to procedures begun under the old rules and remains in Scotland and Ireland. Typical stages are: a contract notice; selection of candidates; one or more dialogue rounds on an equal-treatment, confidential basis (with possible down‑selection); closure of dialogue; invitation to submit final tenders; and award on the most economically advantageous tender. Post‑tender negotiations cannot change fundamental aspects or distort competition. Common for PPP and major ICT or infrastructure procurements.
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View the related Practice Notes about Competitive dialogue procedure

PRACTICE NOTES
PCR 2015 procurement correspondence: procedure-by-procedure requirements, including market engagement, notices, SQ/CAS/SPD, clarifications, selection feedback, abnormally low and non-compliant tenders, contract award and standstill letters

STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procedures started under the earlier instruments—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law. Public procurement reform The UK public procurement framework stems from EU public procurement law, and was consequently affected by the UK’s exit from the EU, albeit only to a limited degree. In substance, the UK regime continues largely...

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PRACTICE NOTES
Open Procedure under the Procurement Act 2023: practical guidance on suitability, legal requirements and key stages

STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) came into force. Procurements launched on or after that date must be conducted under PA 2023. Procurements initiated under the previous frameworks—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be let and managed in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This content concerns the Procurement Act 2023 regime and offers practical guidance on public procurement under PA 2023. For practical guidance on procedures used under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, see the following Practice Notes: Public procurement—open procedure—pre-PA 2023 Public procurement—restricted procedure—pre-PA 2023 Public procurement—competitive procedure with negotiation—pre-PA 2023 Public procurement—competitive dialogue procedure—pre-PA 2023 Public procurement—innovation partnership procedure—pre-PA 2023 Competitive tendering procedures Before awarding a public contract, a contracting authority...

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PRACTICE NOTES
UK construction law glossary—C: contracts, procurement, CDM, insurance and dispute resolution

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Call-off The method, within a framework agreement, of directing particular works to be undertaken when needed, as appropriate. According to the arrangement's format and conditions, a call-off might demand that a separate contract is concluded, or it may simply need the instructing party to issue a call off notice. Refer to Practice Note: Framework agreements in construction—call-off procedures. CAR insurance Consult Contractor's all risk (CAR) insurance below. Category A fit out Interior fit out provided to a fundamental standard for landlords/developers, typically. Pinning down the scope is challenging, as it can differ quite widely in practice. Nevertheless, guidance does exist, such as authoritative publications issued by the British Council for Offices. Category B fit out Interior fit out delivered to an exact specified design for occupiers/owners...

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View the related Precedents about Competitive dialogue procedure

PRECEDENTS
Precedent letter: invitation to submit final tender (competitive dialogue; pre-Procurement Act 2023; PCR 2015 legacy) [Archived]

ARCHIVED: This Precedent is archived and is no longer maintained. STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) are in effect. Competitions commenced on or after that date must proceed under PA 2023, while procurements started under the earlier regime (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be run and administered in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023...

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PRECEDENTS
Precedent: shortlisting letter post-SQ for restricted, competitive dialogue, competitive procedure with negotiation or innovation partnership (pre-Procurement Act 2023)

ARCHIVED: This Precedent is archived and is no longer maintained. STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are now in force...

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PRECEDENTS
Archived Standard Pre-Qualification Questionnaire (PQQ) Template and Instructions under the Public Contracts Regulations 2015 (England, Wales and Northern Ireland)

Introduction The Authority plans to award a [ contract OR framework agreement ] for the [ requirement OR project ]. This procurement is governed by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. This pre-qualification questionnaire (PQQ) follows the standard PQQ recommended in statutory guidance issued under PCR 2015, reg 107(1). The Authority will use the information submitted in this PQQ to evaluate the Supplier’s economic and financial standing, technical and professional capability, and overall good standing, and to determine who will be invited to [ tender OR negotiate ] to take part in a [ competitive dialogue OR innovation partnership ] procedure for the [ contract OR framework agreement ]. The accompanying Information Memorandum sets out the background to the [ requirement OR project ], explains how the requirement is structured, and details the conditions of participation. Responses to this PQQ will be assessed in accordance with the accompanying Evaluation Model. For the purposes of this PQQ, ‘Authority’ means the public sector contracting authority, or any party...

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