the use of competitive dialogue for major projects in the uk phd findings 19 october 2011 susie...
TRANSCRIPT
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 [email protected]
Richard Craven
0741 250 5782
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