New competitive procedure, determined in the Law of Ukraine “On public procurement” of 25.12.2015, № 922-VIII (hereinafter − the Law on public procurement), is a competitive dialogue. What should be known about this procedure to participate in public procurement successfully?
Cases of application
It should be reminded that according to the legislation, the competitive dialogue procedure is to be used in the following cases:
- if the customer can not determine necessary technical, qualitative characteristics (specifications) of works or types of services which leads to the need to conduct negotiations with the participants;
- in case if the subject of procurement should be: advisory, legal services, information systems development, software products, scientific research, experiment or development, the performance of research and development, construction works, and all the specified requires negotiations.
Stages and tender documentation
Conducting of competitive dialogue should be carried out in two stages. Tender documentation of the first stage should include:
- qualification criteria to the participants in accordance to Art.16 of the Law on public procurement;
- evaluation criteria;
- requirements established by Art. 17 of the Law on public procurement;
- information on the method of documentary confirmation of established criteria and requirements;
- offers on technical, qualitative and other characteristics of the subject to procurement;
- terms of delivery;
- time and place of execution of works or services.
During the first stage, the participants are invited to submit tender offers in accordance with the requirements of the tender documentation and description of the procurement decision without determining the price (in a separate file).
Disclosure of offers of participants should be carried out via electronic system automatically. However, it should be noted that the information describing the decision on the procurement is to be opened exclusively for the customer. After the customer has considered submitted tender offers for compliance with requirements of tender documentation (of the first stage) all the participants, who have not been rejected, are to be invited to negotiations (at least three). Negotiations are conducted separately with each of them, but if it is necessary, joint meetings with all participants can be additionally conducted. On the basis of proposed decisions and conducted negotiations, the customer formulates the subject of procurement and makes amendments to the tender documentation, after that the participants are invited to the second stage.
During the second stage of the competitive dialogue, the participants should submit final offers indicating the price. Deadline for offers is not less than 15 days after receiving the invitation to participate in the second stage. The second stage of the competitive dialogue is conducted similar to the rules of procedure of public tendering. Based on the results of conducted auction, the customer determines the winner with whom he/she concludes the contract.
