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Using the Competitive Dialogue

Using the Competitive Dialogue. David Nash Divisional Director, Projects Division Shepherd+ Wedderburn. Introduction 1. What is CD Procedure? Regulation 18 When can it be used? “particularly complex contract means..where a contracting authority is not objectively able to –

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Using the Competitive Dialogue

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  1. Using the Competitive Dialogue David Nash Divisional Director, Projects Division Shepherd+ Wedderburn

  2. Introduction 1 • What is CD Procedure? • Regulation 18 • When can it be used? “particularly complex contract means..where a contracting authority is not objectively able to – • Define the technical means..capable of satisfying its needs or objectives; or • Specify either the legal or financial make-up of a project or both”

  3. Introduction 2 • Key characteristics of CD Procedure • Prequalification • Tender Documents • The Dialogue • Final Tenders • Preferred Bidder to Contract Award • Summary: Key Challenges

  4. Key characteristics of CD Procedure • Express ability to work with bidders to develop solutions (technical & commercial) • Prequalify minimum of 3 • Ability to further shortlist • Endorsement of OGC • limited scope for post preferred bidder

  5. Prequalification • Procedure • Restricting numbers (minimum 3) • Bidders conference

  6. Tender Documents • Set out objectives of dialogue • Ground rules – external and internal – • Especially confidentiality • Content of “initial responses” • Evaluation criteria (particular reference to “interim” downselection) • Draft contract • Developing your requirements • Variant bids

  7. The Dialogue • Balancing fairness with effectiveness • Setting out programme/ground riles • Confidentiality regime • Interim downselection • Ending the dialogue

  8. Final Tenders • Reviewing requirements: avoiding discrimination against parties who - • Chose not to apply in first place • Have already been downselected • Risk mitigation- • Variant bids/affordability

  9. Preferred Bidder to Contract Award • Evaluating apples and pears • Clarification • BAFOs • Prefer Bidder appointment • Fine tune – Reg 18(28) – “clarify aspects….or confirm commitments.. provided this does not have the effect of modifying substantial aspects of the tender or of the call for tender and does not risk distorting competition or causing discrimination”

  10. Summary: Key Challenges • Tender evaluation criteria • Bidder confidence • Confidentiality • Numbers/stages • Resource efficiency • “interim” downselection • Ambit of post tender “clarification”

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