1. Introduction
The Competitive Dialogue Procedure is an exceptional procedure and should only be used where the contracting authority wishes to award a particularly complex contract. A particularly complex contract means a contract where the contracting authority is not objectively able to:-
a) define ‘the technical means’ in terms of a British, European or international standards or technical specifications; and/or in relation to the performance or functional requirements[1]; or
b) specify the legal and/or financial make-up of a project.
2. Office of Government Commerce (OGC) and HMT Guidance
The OGC and HMT have jointly published guidance on the use of the Competitive Dialogue. The guidance applies to Northern Ireland
3. Timescales for Competitive Dialogue
The only timescales expressed for this procedure is 37 days[2] for the expressions of interest (or prequalification questionnaire) and 10 days between the issue of the letters notifying all suppliers (who applied to participate in the procurement competition) about the intention to award and the date of contract award (this period is known as the standstill period).
As there is the potential for several phases of dialogue with three or more participants, the time taken can vary significantly from one project to another. The resource available to the project will also impact on the time taken, as updating and controlling the versions of schedules; documenting and responding to points of clarification; and arranging, attending and following up actions taken from meeting, are resource intensive activities. Where limited resource is available the time taken to move through the phases of dialogue will be protracted.
Based on the experience, the time taken can range from 12 to 18 months from the publication of the notice to contract signature. It should be noted that the longer the period of dialogue the greater the risk of reducing competition, as bidding costs can be prohibitive to some suppliers and they may withdraw if the process is not managed and timescales are increased.
4. Competitive Dialogue within the project environment
Formal the project board approval may be required at several points throughout the dialogue process.
The process map below provides a guide through the Competitive Dialogue procedure in relation to Gateway reviews and stages where board approval would be required to progress to the next stage.
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