Competitive Dialogue
A two-stage EU procurement procedure for complex contracts, in which the buyer holds a dialogue with selected candidates to develop one or more solutions, then invites them to submit final tenders.
In Detail
Competitive dialogue is set out in Article 30 of Directive 2014/24/EU. Any economic operator may submit a request to participate in response to a contract notice, within a minimum time limit of 30 days, and the contracting authority invites the candidates it selects (at least three, where enough suitable candidates apply) to take part in a dialogue. The aim of the dialogue is to identify and define the means best suited to meet the authority's needs, and all aspects of the contract may be discussed with each participant. The authority must treat participants equally and may not reveal one participant's proposed solutions or confidential information to the others without consent.
The dialogue can take place in successive stages to reduce the number of solutions discussed, if the contract notice or descriptive document provides for it. Once the authority has identified the solution or solutions capable of meeting its needs, it closes the dialogue and asks the remaining participants to submit final tenders based on those solutions. The contract must be awarded on the sole basis of the best price-quality ratio, and the authority may provide prizes or payments to the dialogue participants.
Under Article 26(4), the grounds for using competitive dialogue are the same as for the competitive procedure with negotiation: needs that cannot be met without adapting readily available solutions, contracts that include design or innovative solutions, contracts that cannot be awarded without prior negotiation because of their nature, complexity, legal and financial make-up or risks, technical specifications that cannot be established precisely enough, or an earlier open or restricted procedure that produced only irregular or unacceptable tenders. National names include dialogue compétitif (France), wettbewerblicher Dialog (Germany), diálogo competitivo (Spain), dialogo competitivo (Italy), concurrentiegerichte dialoog (Netherlands) and diálogo concorrencial (Portugal).
Practical Context
How it works in practice
Competitive dialogue is typically used for large, complex projects such as major infrastructure, outsourcing and IT transformation, where the buyer knows the outcome it wants but not the best way to deliver it. Taking part is expensive, because the dialogue can run over several rounds, so suppliers usually commit only when they can field the specialists and solution designers it demands. On Tender Radar, competitive dialogue notices are labelled 'Request to participate', because the first step is applying to be selected, and the request deadline is shown as 'Requests to participate by'.
Frequently Asked Questions
How is competitive dialogue different from the competitive procedure with negotiation?
In the competitive procedure with negotiation, the buyer sets out its requirements and the minimum requirements up front and negotiates on the tenders submitted. In competitive dialogue, the solution itself is developed during the dialogue, and final tenders are requested only once it is defined. Competitive dialogue must be awarded on the best price-quality ratio alone, while the negotiated procedure can use any of the MEAT approaches.
Can anyone take part in a competitive dialogue?
Any economic operator can submit a request to participate, but only the candidates the buyer invites after assessing the requests take part in the dialogue. The minimum time limit for receipt of requests to participate is 30 days from the date the contract notice is sent.
Can a buyer negotiate after final tenders in a competitive dialogue?
Only in a limited way. Final tenders can be clarified, specified and optimised at the buyer's request, and after choosing the most economically advantageous tender the buyer may negotiate with that bidder to confirm financial commitments or other terms. Neither step may change essential aspects of the tender or the procurement, or risk distorting competition.
Related Terms