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ARTICLE · 20 JANUARY 2011

Competitive Dialogue Procedure - Is It Working For Or Against The Construction Industry?

At the end of last year, HM Treasury published its review of the Competitive Dialogue procedure, or CD - this procedure was introduced in the EU public sector procurement directive for use in the award of complex contracts such as those covered by the Private Finance Initiative.

United KingdomGovernment, Public Sector

At the end of last year, HM Treasury published its review of the Competitive Dialogue procedure, or CD - this procedure was introduced in the EU public sector procurement directive for use in the award of complex contracts such as those covered by the Private Finance Initiative. Nick Maltby, of top 100 law firm Bircham Dyson Bell, looks at the outcome of the review.

Competitive Dialogue has now been with us since the beginning of 2006 and more than 1200 procurements have been undertaken using the procedure. But does it do the job for which it was intended?

Given the outcome of HM Treasury's report, it would seem the answer is - not entirely - a conclusion, which is at odds with many of the findings as its recent review found that there is much wrong with key aspects of CD procurement.

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