S.L. 601.7 Art. 28Competitive dialogue.

(1) In case of particularly complex contracts, where contracting authorities consider that the use of the open or restricted procedure will not allow the award of the contract, the contracting authorities may make use of the competitive dialogue in accordance with this regulation:

Provided that a public contract shall be awarded on the sole basis of the award criterion for the most economically advantageous tender.

(2) Contracting authorities or entities shall publish a contract notice setting out their needs and requirements, which they shall define in that notice and, or in a descriptive document.

(3) Contracting authorities or entities shall open, with the candidates selected in accordance with the relevant provisions of regulation 39 to 47, a dialogue, the aim of which shall be to identify and define the means best suited to satisfying their needs. They may discuss all aspects of the contract with the chosen candidates during this dialogue.

(4) During the dialogue mentioned in the sub-regulation (3), contracting authorities or entities shall ensure equality of treatment among all tenderers. In particular, they shall not provide information in a discriminatory manner which may give some tenderers an advantage over others.

(5) Contracting authorities or entities may not reveal to the other participants solutions proposed or other confidential information communicated by a candidate participating in the dialogue, without the agreement of that candidate.

(6) Contracting authorities or entities may provide for the procedure to take place in successive stages in order to reduce the number of solutions to be discussed during the dialogue stage by applying the award criteria set out in the contract notice or the descriptive document. The contract notice or the descriptive document shall indicate that recourse may be had to this option.

(7) The contracting authority or entity shall continue such dialogue until it can identify the solution or solutions, if necessary after comparing them, which are likely to meet its needs.

(8) Having declared that the dialogue is concluded and having so informed the participants, contracting authorities or entities shall ask the participants to submit their final tenders on the basis of the solution or solutions presented and specified during the dialogue. These tenders shall contain all the elements required and necessary for the performance of the project.

(9) The tenders may be clarified, specified and fine-tuned at the request of the contracting authority or entity. However, such clarification, specification, fine-tuning or additional information may not involve changes to the basic features of the tender or the call for tender, variations in which are likely to distort competition or have a discriminatory effect.

(10) Contracting authorities or entities shall assess the tenders received on the basis of the award criteria laid down in the contract notice or the descriptive document and shall choose the most economically advantageous tender in accordance with regulation 48.

(11) At the request of the contracting authority or entity, the tenderer identified as having submitted the most economically advantageous tender may be asked to clarify aspects of the tender or confirm commitments contained in the tender, provided this does not have the effect of modifying substantial aspects of the tender or of the call for tenders and does not risk distorting competition or causing discrimination.

(12) The contracting authorities or entities may specify prices or payments to the participants in the dialogue.