Public procurement - Request participation in the competitive dialog

The application to participate in the competitive dialog must be submitted to the awarding authority. It must be received there 37 days after the contract notice is sent out.

The awarding authority invites the selected companies to negotiate the details of the contract. The dialog can take place in different phases. These should build on each other with the aim of reducing the number of solutions to be discussed in the dialog phase and making them easier to handle. The contracting authority must specify the dialog phases in the contract notice or in the description. If the awarding authority decides that a company should no longer participate in the next dialog phase, it must inform it.

The competitive dialog is open-ended. The awarding authority declares the dialog closed when

• it is clear that no solution can be found, or
• a solution has been found that meets the requirements of the awarding authority.

In both cases, the companies involved must be informed of the conclusion of the dialog. If a solution has been found, the awarding authority requests the companies still involved in the dialog phase to submit a final offer. The bid is based on the solution submitted and discussed during the dialog phase. The awarding authority examines the bids and selects the most economical bid.

It may ask the selected company to explain details of the tender again or to confirm commitments made in the tender.

The awarding authority.

You can find out which documents, samples or specimens you need during the competitive dialog from the awarding office.

You must bear the costs of participating in the competitive dialog and processing the bid. An exception to this is if the awarding authority requests participating companies to prepare drafts, plans, drawings, calculations or other documents, for example. In this case, it must reimburse the costs uniformly and appropriately.

• § Section 101 Act against Restraints of Competition (GWB) (types of award)
  

  Remark: -

• § Section 3a of the German Construction Contract Procedures - Part A (VOB/A)