In this Alert we contemplate the future of the competitive dialogue procedure and the criticisms levelled against it in the UK. We then go on to consider the current thinking on reforms to the contract award procedures provided for in the principal EU Directive governing public procurement (Directive 2004/18) and whether proposals to make it easier to use the less prescriptive negotiated procedure could render the competitive dialogue (CD) procedure redundant. We conclude that many of the criticisms levelled at the CD procedure appear to relate more to poor planning and execution and less to the procedure itself, at least as provided for in the Directive, and that any reforms to the current procedures need to be careful not to confuse the choice of procedures further for contracting authorities.

To read the Alert in full, please click on the pdf link below.