Competitive dialogue procedure for construction contracts - Revision history

Editor at 15:46, 21 September 2021

2021-09-21T15:46:02Z

← Older revision		Revision as of 15:46, 21 September 2021
Line 32:		Line 32:
	* Contract conditions.		* Contract conditions.
	* Invitation to tender.		* Invitation to tender.
		+	* Negotiated Procedure without Prior Publication NPwPP.
	* OGC.		* OGC.
	* OJEU.		* OJEU.

Editor at 16:43, 14 September 2021

2021-09-14T16:43:44Z

← Older revision		Revision as of 16:43, 14 September 2021
Line 28:		Line 28:
	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

		+	* Competitive procedure with negotiation.
	* Construction contract.		* Construction contract.
	* Contract conditions.		* Contract conditions.

Designing Buildings at 06:08, 7 October 2020

2020-10-07T06:08:47Z

← Older revision		Revision as of 06:08, 7 October 2020
Line 46:		Line 46:
	* [http://www.legislation.gov.uk/uksi/2006/5/pdfs/uksi_20060005_en.pdf The Public Contracts Regulations].		* [http://www.legislation.gov.uk/uksi/2006/5/pdfs/uksi_20060005_en.pdf The Public Contracts Regulations].

−	[[Category:~~Other_legislation~~]] [[Category:~~DCN_Legislation~~]] [[Category:~~Regulations~~]] [[Category:DCN_Regulation]] [[Category:Appointments]] [[Category:Procurement]] [[Category:Public_procedures]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:DCN_Regulation]] [[Category:Other_legislation]] [[Category:Regulations]] [[Category:Appointments]] [[Category:Procurement]] [[Category:Public_procedures]]

Designing Buildings at 14:07, 4 February 2020

2020-02-04T14:07:14Z

← Older revision		Revision as of 14:07, 4 February 2020
Line 26:		Line 26:
	Concerns have been raised about the cost and time required to take part in such a procedure, as proposals have to be developed more fully before the award of the contract than they would have done under a competitive negotiation procedure. There are also concerns about the difficulties of protecting intellectual property and other confidential information during the dialogue process.		Concerns have been raised about the cost and time required to take part in such a procedure, as proposals have to be developed more fully before the award of the contract than they would have done under a competitive negotiation procedure. There are also concerns about the difficulties of protecting intellectual property and other confidential information during the dialogue process.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Construction contract.		* Construction contract.
Line 42:		Line 40:
	* Tender process.		* Tender process.

−	=== External ~~References ==~~=	+	= External references =

	* Practical Law: The competitive dialogue procedure … so many questions.		* Practical Law: The competitive dialogue procedure … so many questions.
Line 48:		Line 46:
	* [http://www.legislation.gov.uk/uksi/2006/5/pdfs/uksi_20060005_en.pdf The Public Contracts Regulations].		* [http://www.legislation.gov.uk/uksi/2006/5/pdfs/uksi_20060005_en.pdf The Public Contracts Regulations].

−	[[Category:Other_legislation]] [[Category:Regulations]] [[Category:Appointments]] [[Category:Procurement]] [[Category:Public_procedures]]	+	[[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Regulations]] [[Category:DCN_Regulation]] [[Category:Appointments]] [[Category:Procurement]] [[Category:Public_procedures]]

Designing Buildings at 11:16, 1 March 2017

2017-03-01T11:16:47Z

← Older revision		Revision as of 11:16, 1 March 2017
Line 1:		Line 1:
−
	The European Union Procurement Directives establish public procurement rules throughout the European Union and apply to any public purchases above the defined thresholds. The purpose of the directives is to open up public procurement within the European Union and to ensure the free movement of supplies, services and works. The directives are enacted in the UK by [http://www.legislation.gov.uk/uksi/2006/5/pdfs/uksi_20060005_en.pdf The Public Contracts Regulations]. Public projects must comply with the regulations if the value of contracts is above specified thresholds.		The European Union Procurement Directives establish public procurement rules throughout the European Union and apply to any public purchases above the defined thresholds. The purpose of the directives is to open up public procurement within the European Union and to ensure the free movement of supplies, services and works. The directives are enacted in the UK by [http://www.legislation.gov.uk/uksi/2006/5/pdfs/uksi_20060005_en.pdf The Public Contracts Regulations]. Public projects must comply with the regulations if the value of contracts is above specified thresholds.

	The Public Contracts Regulations allow four procurement procedures:		The Public Contracts Regulations allow four procurement procedures:
−	*Open procedure. There is no pre-qualification process or short-listing process. Anyone that responds to the OJEU notice is issued with the full contract documentation.	+
−	*Restricted procedure. There is a pre-qualification process, and only short-listed candidates are invited to tender.	+	* Open procedure. There is no pre-qualification process or short-listing process. Anyone that responds to the OJEU notice is issued with the full contract documentation.
−	*Competitive dialogue procedure. There is a pre-qualification process. Short-listed candidates are invited to take part in a dialogue process during which the nature of the project may be discussed and possible solutions may be developed. When the dialogue process is complete, final tenders are invited.	+	* Restricted procedure. There is a pre-qualification process, and only short-listed candidates are invited to tender.
−	*Competitive negotiation procedure. There is a pre-qualification process. Short-listed candidates are invited to take part in a negotiation process. The negotiation process does not have to follow any particular rules, and has no formal ending. This means that negotiations can continue even after the preferred bidder has been appointed.	+	* Competitive dialogue procedure. There is a pre-qualification process. Short-listed candidates are invited to take part in a dialogue process during which the nature of the project may be discussed and possible solutions may be developed. When the dialogue process is complete, final tenders are invited.
		+	* Competitive negotiation procedure. There is a pre-qualification process. Short-listed candidates are invited to take part in a negotiation process. The negotiation process does not have to follow any particular rules, and has no formal ending. This means that negotiations can continue even after the preferred bidder has been appointed.

	Use of the competitive negotiation procedure has been questioned as it is thought that extended negotiations with a preferred bidder may impact upon the competition. It is for this reason that the competitive dialogue procedure was introduced and guidance was issued by the Office of Government Commerce (OGC) stating that the competitive negotiation procedure should only be used under ‘...very exceptional circumstances’ (ref OGC: Guidance on the competitive dialogue procedure in the new procurement regulations, 2006).		Use of the competitive negotiation procedure has been questioned as it is thought that extended negotiations with a preferred bidder may impact upon the competition. It is for this reason that the competitive dialogue procedure was introduced and guidance was issued by the Office of Government Commerce (OGC) stating that the competitive negotiation procedure should only be used under ‘...very exceptional circumstances’ (ref OGC: Guidance on the competitive dialogue procedure in the new procurement regulations, 2006).

	The regulations state that the competitive dialogue procedure should only be used on ‘particularly complex contracts’ where:		The regulations state that the competitive dialogue procedure should only be used on ‘particularly complex contracts’ where:
−	*The client cannot define the technical means for satisfying their requirements.	+
−	*The client cannot define the legal or financial make-up of the project.	+	* The client cannot define the technical means for satisfying their requirements.
−	*Using the restricted or open procedure would not be possible.	+	* The client cannot define the legal or financial make-up of the project.
		+	* Using the restricted or open procedure would not be possible.

	Where a competitive dialogue procedure is to be followed, it is recommended that the reasons for adopting the procedure should be formally recorded. The procedure that will be followed should then be described in the contract notice, after which that procedure must then be followed.		Where a competitive dialogue procedure is to be followed, it is recommended that the reasons for adopting the procedure should be formally recorded. The procedure that will be followed should then be described in the contract notice, after which that procedure must then be followed.
Line 28:		Line 29:

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*~~Contract~~.	+
−	*Contract conditions.	+	* Construction contract.
−	*Invitation to tender.	+	* Contract conditions.
−	*OGC.	+	* Invitation to tender.
−	*OJEU.	+	* OGC.
−	*PFI.	+	* OJEU.
−	*PF2.	+	* PFI.
−	*Procurement route.	+	* PF2.
−	*Public procurement.	+	* Procurement route.
−	*Tender documentation.	+	* Public procurement.
−	*Tender process.	+	* Tender documentation.
		+	* Tender process.

	=== External References ===		=== External References ===
−	*Practical Law: [http://publicsector.practicallaw.com/blog/publicsector/plc/?p=47 The competitive dialogue procedure … so many questions].
−	*HM Treasury: [http://webarchive.nationalarchives.gov.uk/20130129110402/http://www.hm-treasury.gov.uk/d/competitive_dialogue_procedure.pdf Guidance on competitive dialogue].
−	*[http://www.legislation.gov.uk/uksi/2006/5/pdfs/uksi_20060005_en.pdf The Public Contracts Regulations].

−	[[Category:Other_legislation]]	+	* Practical Law: The competitive dialogue procedure … so many questions.
−	[[Category:Regulations]]	+	* HM Treasury: [http://webarchive.nationalarchives.gov.uk/20130129110402/http://www.hm-treasury.gov.uk/d/competitive_dialogue_procedure.pdf Guidance on competitive dialogue].
−	[[Category:Appointments]]	+	* [http://www.legislation.gov.uk/uksi/2006/5/pdfs/uksi_20060005_en.pdf The Public Contracts Regulations].
−	[[Category:Procurement]]	+
−	[[Category:Public_procedures]]	+	[[Category:Other_legislation]] [[Category:Regulations]] [[Category:Appointments]] [[Category:Procurement]] [[Category:Public_procedures]]

Mustafa Pasha at 15:49, 15 January 2015

2015-01-15T15:49:34Z

← Older revision		Revision as of 15:49, 15 January 2015
Line 42:		Line 42:
	=== External References ===		=== External References ===
	*Practical Law: [http://publicsector.practicallaw.com/blog/publicsector/plc/?p=47 The competitive dialogue procedure … so many questions].		*Practical Law: [http://publicsector.practicallaw.com/blog/publicsector/plc/?p=47 The competitive dialogue procedure … so many questions].
−	*HM Treasury: [http://www.hm-treasury.gov.uk/d/competitive_dialogue_procedure.pdf Guidance on competitive dialogue].	+	*HM Treasury: [http://webarchive.nationalarchives.gov.uk/20130129110402/http://www.hm-treasury.gov.uk/d/competitive_dialogue_procedure.pdf Guidance on competitive dialogue].
	*[http://www.legislation.gov.uk/uksi/2006/5/pdfs/uksi_20060005_en.pdf The Public Contracts Regulations].		*[http://www.legislation.gov.uk/uksi/2006/5/pdfs/uksi_20060005_en.pdf The Public Contracts Regulations].

Designing Buildings: moved Competitive dialogue procedure to Competitive dialogue procedure for construction contracts

2014-06-20T07:26:53Z

moved Competitive dialogue procedure to Competitive dialogue procedure for construction contracts

← Older revision

Revision as of 07:26, 20 June 2014

Designing Buildings at 07:13, 19 April 2013

2013-04-19T07:13:05Z

← Older revision		Revision as of 07:13, 19 April 2013
Line 28:		Line 28:

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
		+	*Contract.
		+	*Contract conditions.
	*Invitation to tender.		*Invitation to tender.
	*OGC.		*OGC.
	*OJEU.		*OJEU.
	*PFI.		*PFI.
		+	*PF2.
	*Procurement route.		*Procurement route.
	*Public procurement.		*Public procurement.

Designing Buildings at 06:50, 18 April 2013

2013-04-18T06:50:16Z

← Older revision		Revision as of 06:50, 18 April 2013
Line 29:		Line 29:
	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
	*Invitation to tender.		*Invitation to tender.
−	*Public procurement.
	*OGC.		*OGC.
	*OJEU.		*OJEU.
	*PFI.		*PFI.
	*Procurement route.		*Procurement route.
		+	*Public procurement.
	*Tender documentation.		*Tender documentation.
	*Tender process.		*Tender process.

Designing Buildings at 08:13, 27 February 2013

2013-02-27T08:13:20Z

← Older revision		Revision as of 08:13, 27 February 2013
Line 28:		Line 28:

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Invitation to ~~tenter~~.	+	*Invitation to tender.
−	*Public procurement	+	*Public procurement.
−	*OGC	+	*OGC.
−	*OJEU	+	*OJEU.
−	*PFI	+	*PFI.
	*Procurement route.		*Procurement route.
	*Tender documentation.		*Tender documentation.
Line 40:		Line 40:
	*Practical Law: [http://publicsector.practicallaw.com/blog/publicsector/plc/?p=47 The competitive dialogue procedure … so many questions].		*Practical Law: [http://publicsector.practicallaw.com/blog/publicsector/plc/?p=47 The competitive dialogue procedure … so many questions].
	*HM Treasury: [http://www.hm-treasury.gov.uk/d/competitive_dialogue_procedure.pdf Guidance on competitive dialogue].		*HM Treasury: [http://www.hm-treasury.gov.uk/d/competitive_dialogue_procedure.pdf Guidance on competitive dialogue].
−	*~~Private finance initiative~~.	+	*[http://www.legislation.gov.uk/uksi/2006/5/pdfs/uksi_20060005_en.pdf The Public Contracts Regulations].
−	*OJEU.	+

	[[Category:Other_legislation]]		[[Category:Other_legislation]]