When doing so, you may choose to adapt or streamline the Competitive Dialogue procedure described in the Public Contracts Scotland Regulations If you do so, you are not obliged to follow the detailed procedural requirements set out in those Regulations.
You should therefore not refer to the Regulations in the tender documentation issued to participants, as this may create an expectation that the detailed procedural requirements will be followed. In all cases, you should ensure that the procurement process is described accurately and clearly and then adhered to. You can use Competitive Dialogue where all of the submissions you have received for an Open or Restricted Procedure are classed as either irregular or unacceptable.
You may authorise or require variant bids. However this have been specified in the Contract Notice. Your Procurement Documents must set out the minimum requirements and how the variant will be evaluated. Variants cannot be considered unless:. All variant bids should be evaluated using the same criteria as the standard bids and compared on a like-for-like basis. You should also consider whether to allow potential bidders to offer different TUPE scenario options within their bids.
If so, you must provide clear directions to bidders to ensure that bids are compared on a like-for-like basis. The Invitation to Submit a Final Tender is a procurement document but can only be finalised in the course of the actual dialogue.
As a result it does not need to be made available at the same time as the Contract Notice. The procurement documentation relevant to the first part of the procedure up to and including the Invitation to Take part in Dialogue ITPDs must be made available:.
T he activities you undertake at this stage must be carried out in a carefully managed manner that supports the Principles of Procurement. As a minimum the processes must be transparent ensuring no distortion of the market. The outcome cannot unduly favour or disadvantage a particular bidder. It is the responsibility of your Organisation to make sure these requirements are met. Procurement Journey uses cookies to enhance your experience on our website.
Search Search Search. Route 3. Printer-friendly version. Quickfire Guide. Competitive Dialogue may be beneficial where: greater flexibility is needed. Therefore bidders may have a major role in defining the solution You cannot assess without in-depth dialogue on what the market can offer or The Open or Restricted Procedures may not deliver the expected outcomes.
Please Note In all cases "days" are calendar days and not working days. The final day must however be a working day in Scotland. The Pros and Cons of a Competitive Dialogue. Open or close. Advantages of Competitive Dialogue are: it allows organisations to clarify, specify or optimise the final bids.
Your negotiations with your ultimate preferred bidder may also confirm financial commitments or other terms contained in the tender to finalise the contract. This helps, for example, in situations where a preferred bidder needs to secure final planning permission for a project before the contract can be concluded.
Care should be taken before selecting this route: you must ensure that you legally satisfy the criteria of using Competitive Dialogue. You should be aware that this process is costly and resource intensive for you and bidders This procedure is likely to result in a significant increase in procurement timescales.
These are detailed below:. Invite Selected Candidates to Particpate. Bidders do not submit tenders before starting dialogues with your Organisation. You can decide on the number of dialogue stages. During the dialogue Organisations must ensure equal treatment of all participants.
Conclusion of Dialogue. You must inform all bidders when the dialogue is being concluded You must invite each remaining bidder to submit their final tender on the basis of the solution s presented and specified during the dialogue. Deadline for Receipt of Final Tenders.
Clients also need to be aware that there is no binding offer on the table during the process until final bids are requested. Although the overall objective of the dialogue is to progressively develop proposals that are compliant and affordable, there is no discipline on a tenderer other than the competitive pressure from other bidders. Prequalification Competitive dialogue does not have specific requirements at prequalification.
Warming the market In addition to the OJEU process, clients should invest in attracting bidders of the right calibre. Staging the dialogue process Staged assessment is important to attract a wide range of proposals and to reduce the number of participants early to give tenderers a fair chance of success. De-selection has to be built into the process from the outset and will add weeks per stage to the procurement timetable.
Using competitive dialogue, the client will be actively engaged with multiple tenderers, which could result in accidental exchange of valuable ideas.
Lawyers recommend that clients adopt formal confidentiality policies that will establish what information should be shared. Confidentiality policies are also a good protection against challenge under the EU procurement process. Resource requirements Competitive dialogue requires detailed development by multiple bidders. On the client side, the management and resourcing of the dialogue has to be considered, together with the production of bespoke ITT documents for the proposals.
Although the client is expected to benefit from faster financial close and a better, more secure solution, bidders are exposed to a greater risk of unrecoverable expenditure. There are growing demands for contributions to bidding costs, particularly where bidders are involved in multiple dialogues with the same client.
The resource commitment involved is likely to increase the risk of challenge to procurement decisions, further encouraging the adoption of consistent, best practice procurement policy. Stakeholder engagement Competitive dialogue requires client engagement in design, contracts, service standards and payment mechanisms. The client must be equipped to respond promptly to proposals or changes.
Good public sector procurement is also based on stakeholder engagement, so decision-making bodies are needed that can represent the full client body, have the expertise to respond to the issues raised and have the authority to confirm decisions in compliance with the programme.
Consistent assessment Assessment schemes for public sector projects must reflect all the criteria required to identify the most economically advantageous tender. Competitive dialogue introduces the need to assess different solutions using the same criteria. Well-defined assessment schemes should provide the most consistent assessment — an important factor should the award be subject to post-award challenge. As there is so little opportunity for adjustment to proposals post-tender, it is important that the assessment criteria and the weightings applied do not favour one aspect of the proposals.
With a poorly constructed assessment schema, clients run the risk of having to award the contract to sub-optimal bids. Use of the schema during the dialogue stage should enable the assessment to be fine-tuned ahead of final tenders.
This flowchart shows the key stages of the competitive dialogue process. Different public bodies use different terms to describe outputs and notices. With some materials prices going through the roof, inflation has become the hot topic for Simon Rawlinson of Arcadis examines what is causing the problem and what mitigation options clients have. Alinea and Social Value Portal explore how social value can be deliver and calculated, with examples of how it can work in practice.
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