The competitive dialogue procedure is recommended for complex procurements and only where certain conditions are met.

Namely, where:

  • technical specifications of the works, services or supplies cannot be established with sufficient precision;
  • the contracting authority’s needs cannot be met without the adaptation of readily available solutions;
  • the works, services or supplies include design or innovative solutions; and/or
  • specific circumstances relating to the nature of the contract, complexities/legals/financials or risks attaching to them

Key Contacts

Hazel Moffat Web 2025Update4

Hazel Moffat

Partner | Board Member

Public Law

hazel.moffat@burnesspaull.com +44 (0)131 473 6328

Get in touch

Any interested party may express an interest in tendering but only those successfully meeting the selection criteria will be invited to ‘participate in dialogue’. Provided that there are a sufficient number of candidates to do so, a minimum of 3 bidders must be invited to participate in the dialogue.

At the dialogue, bidders are able to discuss all aspects of the procurement with the authority. Solutions are devised in dialogue on the basis of the proposals submitted by that bidder. ‘Cherry-picking’ is prohibited; the authority may not pursue the best parts of different solutions, except with consent.

Once the authority has identified potential solutions through dialogue, participating bidders are invited to submit a final tender based on their proposals.

Those final tenders may be clarified, specified, and optimised at the request of the contracting authority. However, such clarification must not alter the essential aspects of the tender or the procurement. The best tender is then selected, with limited negotiations permitted to confirm financial commitments or to finalise the terms of the contract, again provided that this does not alter the essential aspects of the tender or the procurement.

Please find our procedure flowchart below, setting out the various stages, requirements, and timescales for the competitive dialogue procedure.

Click here to view our flowchart

Related News, Insights & Events

Procurement And Adequacy Of Damages

Procurement and adequacy of damages - Braceurself for more!

A recent procurement law judgment has brought into focus “adequacy of damages” and the implications for claimants challenging contract awards under the Public Contracts Regulations 2015 (PCR 2015).

Read more
Procurement Manual.16

Public procurement across the UK: The ten key differences between the Procurement Act 2023 and Scottish Regulations that suppliers need to know

Suppliers of goods, services and works to the public sector (and those working within the utilities sector) will be well used to the formalities of competitive tendering.

Read more
Avoid A Mess – Ordering The Lives Of Busy Owner Managers

Avoid a mess – ordering the lives of busy owner-managers

At Burness Paull, we work with many owner-managers operating across a range of sectors.

Read more

Want to hear more from us?

Subscribe here