Competitive Dialogue – A practical guide

Competitive Dialogue was created by the 2004 Public Procurement Directives as a new and more flexible solution for public authorities wanting to award contracts for complex infrastructure projects. Some predicted that it might be used only rarely and others saw problems in applying it effectively to obtain value for money for the public sector. But it is now firmly established in Europe as a means of awarding public contracts, with more than 3000 award procedures launched.

Yet objective advice for decision makers on when and how to use Competitive Dialogue effectively is hard to find. Cutting through the jargon and the misconceptions, this book is an independent guide for those at all levels in Europe facing these challenges. Different approaches have been used in applying Competitive Dialogue, in particular for the conduct of the dialogue phase and in the interpretation of what can be done in the post tender phase. But not all methods have proved to be equally effective in promoting value for money for the public sector.

After assessing the different approaches used so far, the authors now conclude there are clear benefits to standardising the approach to the implementation of Competitive Dialogue. Written from a public sector perspective, this book has two main audiences in mind:

- European decision makers responsible for creating and implementing an appropriate legal framework at EU level for Competitive Dialogue

- Politicians, public officials and their professional advisers in EU Member States currently facing choices about when and how to use Competitive Dialogue in a way which provides both legal certainty and maximises the likelihood of achieving value for money.

After an explanation and analysis of legal framework for Competitive Dialogue, the book sets out how Competitive Dialogue emerged, how it compares to the Negotiated Procedure, the legal challenges in applying Competitive Dialogue, when it is appropriate to use it and where it is being used in the EU. Successive chapters then analyse the key issues arising in the implementation of Competitive Dialogue at each stage of the process and how they should be addressed.

Finally, the book draws together the key conclusions for the future use of Competitive Dialogue and the actions needed to implement them at EU and national level. Taken together, they add up to an agenda for the future effective use of Competitive Dialogue.

The stakes in terms of the need to improve Europe’s infrastructure and the effective implementation of key European policies, such as compliance with environmental legislation and the completion of the Internal Market, at an affordable cost are too high for it to fail.

Using Competitive Dialogue in EU Public Procurement – Early Trends and Future Developments (EIPASCOPE, No.2, 2009, p17-23) http://www.eipa.eu/files/repository/eipascope/20100114121100_Eipascope_2009_2_Website.pdf

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