Post on 18-Jan-2016
The use of Competitive Dialogue for major projects in the UKPhD findings
19 October 2011
Susie Smith, Bevan Brittan LLP
Richard Craven, University of Nottingham
7038881
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Setting the scene
• Aims of the PhD
• Approach used•Legal analysis•58 interviews (January 2010 – March 2011)
• 14 Procurement officers and in-house lawyers• 41 External legal advisors• 3 Policymakers
• Structure of the PhD – follows the planning and
procurement process
• Publication date
Five areas of interest
• Choosing CD
• Confidentiality and the dialogue phase
• Phased dialogue and the use of award criteria
• How final are final tenders?
• Perceptions of risk of challenge and impact on decision
making
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Choosing CD
• Grounds for use of CD•Is this considered•Views on the conditions to be satisfied
• Is CD a standard procedure?
• Commoditised procurements
• Other factors influencing choice of CD or choice not to
use CD
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Confidentiality and the dialogue process
• High level of concern pre 2006 and general finding•Single solution or multiple solutions•Respect for confidential information• Amicable resolution of concerns
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Phased dialogue and the use of award criteria
• Reduction of solutions or bidders?
• Is a formal bidding process required?
• Same criteria for all stages or different criteria?•Particular issue with pricing at early stages
• Scope for variation of award criteria or weightings
during the CD process
• Uncertainty as to use of award criteria is a major
concern
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How final are final tenders?
• Theory and practice
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Perceptions of risk of challenge and impact on decision making
• Legal risk – central role in decision making
• Sources of challenge – Commission and the market
• Rise in bidder queries
• Impact on behaviour
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Next steps……
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Contact details
Susie Smith 0870 194 1604susie.smith@bevanbrittan.com
Richard Craven
0741 250 5782
llxrc10@nottingham.ac.uk
For BB procurement updates and alerts go to: www.bevanbrittan.com
For further information on the Public Procurement Research Group at the University of Nottingham go to: http://www.nottingham.ac.uk/pprg/index.aspx