BUSINESS

Competitive dialogue's up for discussion

The Public Contracts Regulations 2006 came into force on 31 January, implementing the European Directive 2004/18. While most of the regulations do little more than simplify or confirm previous regulations introduced separately for works, supplies or services, there are some important new provisions concerning framework arrangements, electronic procurements and the much-heralded new procedure of competitive dialogue.

When the European Commission first consulted on changes to the procurement regime in the mid-1990s, one of its primary aims was to eradicate the competitive negotiated procedure, which has been much used in the UK. Its initial solution was to replace that procedure with a new system of competitive dialogue, something which got many commentators, particularly those with a vested interest in PFIs and PPPs, mobilised in vociferous opposition.

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