Competitive dialogue

The competitive dialogue procedure takes the place of the performance-based call for bids. This procedure allows the contracting authority to discuss with the candidates before the submission of the final tender. The administration specifies its requirements in the form of a detailed functional program. The candidates are required to seek the best technical and cost-effective solution to satisfy the requirements of the public entity.

The progress of the procedure is the following:

1. Publication of a public call for tender (AAPC) in the BOAMP (French official bulletin giving notice of government contracts) and the Official Journal of the European Union (OJEU) The minimum deadline between the submission of a notice for publication and the final date for the return of tenders is 37 days. The contracting authority selects the candidates invited to submit a proposal (not a tender). The contracting authority can define a minimal number of small and medium-sized companies invited to submit proposals and tender.

2. The contracting authority entries into dialogue with the selected candidates The contracting authority can discuss with the candidate of the whole aspects of the contracts (technical and financial aspects). The contracting authority does not have to precise to a candidate the solutions proposed by a candidate or confidential information communicated by a candidate without his agreement. The dialogue may take place under strictly equitable conditions. The dialogue may take place in as many successive stages as the public purchaser considers to be necessary. At the end of each dialogue stage, the purchaser may reject any candidate’s proposals that are considered unsuitable and continue the dialogue with the other candidates following the conditions defined in the announcement or the consultation file.

3. When the public purchaser considers that the discussion is complete, the contracting authority will invite the candidates to submit a tender, based on their solution, within a deadline of no less than fifteen days. This disposal preserves all industrial property rights. The contracting authority may request further explanations or clarifications, but may not alter the fundamental elements of the tender.

4. The contracting authority submits an accurate and detailed report on the discussion process and content to the tenders commission.

5. When the tenders commission has ranked the candidates and identified the preferred candidate, the contracting authority makes a justified decision and allocates the contract. The competitive dialogue may be declared unsuccessful, or a decision not to follow up.

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