Közbeszerzési Hatóság

90. §

Competitive dialogue

90. §

1. The competitive dialogue is a procurement procedure, whereby the contracting authority shall conduct a dialogue with the candidates selected by him in line with the provisions set out in Article 69, with the aim of identifying with precision the subject-matter of the public procurement, the type of and the terms for the relevant contract, and after the dialogue the contracting authority invites the candidates to submit a tender.

2. The competitive dialogue consists of three stages:

  1. participation stage,
  2. dialogue,
  3. tendering stage.

3. The contracting authority may use the competitive dialogue in the cases set out in Article 85(2).

4. The competitive dialogue shall start with an invitation to participate. The invitation to participate shall state the grounds for the use of competitive dialogue. In the participation stage of the procedure, any interested economic operator shall have the right to submit a request to participate. Article 86(3) shall also be applied to competitive dialogues.

5. In the competitive dialogue, the time limit for participation may not be shorter than thirty days from the date of dispatch of the invitation to participate.

6. In the competitive dialogue, the contract shall be awarded on the sole basis of the award criteria for the best price-quality ratio.

7. For the purposes of the subject-matter of the public procurement, the needs and requirements of the contracting authority shall be set out in the invitation to participate and shall be given in detail in the descriptive document. The descriptive document shall contain, in particular, the definition of the subject-matter of the public procurement, the related technical specifications, furthermore, the contract terms, to the extent the contracting authority is capable of doing so, as well as guidelines about the circumstances concerning which the contracting authority requests proposals from tenderers and about the scope or requirements imposed by the contracting authority as regards those circumstances. An indicative time limit for the conclusion and performance of the contract shall also be indicated in the procurement documents.