This paper describes the structured "competitive dialogue" between the contracting public authority and private operators/potential bidders introduced by the 2004 Public Sector Directive. The author takes us through all phases of the procedure -the pre-dialogue phase, the dialogue phase and the tender phase, highlighting their specific requirements, pitfalls and advantages for bidders and public authorities. He also discusses the evaluation phase and analyses a number of evaluation criteria.Keywords Competitive dialogue · Operator models · Public procurement · Public sector contracts · Public private partnership PPP · Tender · Evaluation criteria
For John ToulminHis Honour Judge John Toulmin CMG QC FKC has been an extraordinary contributor to the legal profession in Europe and was particularly active as an adjudicator in construction law. When appointed senior circuit judge at the Technology and Construction Court (TCC) he managed complex civil litigation cases. John Toulmin realised the importance of alternative dispute resolution in these cases and carried out the TCC Court Settlement Process enabling TCC judges to resolve disputes outside of litigation. Also in the field of public procurement, it is not uncommon that notoriously complex procedures give rise to contentious issues, many of which could often be more efficiently resolved by mechanisms other than litigation. The competitive dialogue procedure is designed to deliver the best results for contracting authorities M.J. Werner LL.M ( ) Partner Norton Rose LLP, Brussels, Belgium