2.41 The 2008 Guidance made reference to a requirement to justify the use of Competitive Dialogue "It is recommended that contracting authorities document clearly their rationale for using the Competitive Dialogue procedure before starting procurement, setting out why the project is considered to be particularly complex, and why the Open and Restricted procedures are not appropriate."6
2.42 The review has shown the preparation of a 'justification' can be more than just an administrative burden if approached in the right way. Preparing a justification for Competitive Dialogue can focus the mind of the procurement team on the project requirements ensuring it considers which can be settled into firm specifications, which may not need to be subject to Dialogue and which will require discussion with the market.
2.43 The opportunity to challenge 'known unknowns' in advance of procurement, through market testing, may provide the opportunity to refine specifications to the point where the Restricted procedure may become an option or the Dialogue phase may be limited to a small number of outstanding complex issues.
2.44 To avoid unnecessary use of Competitive Dialogue, Senior Responsible Owners should robustly test the complexity of their project and seek assurance it may not be delivered via other, less complex, procedures.
2.45 HM Treasury recommends that all future projects wishing to use Competitive Dialogue over the Open and Restricted procedures should include their justification document in their published procurement documentation, following sign off by the Senior Responsible Owner and the organisation's Head of Procurement.
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6 OGC/HMT, Guidance on Competitive Dialogue, 2008. Page 14.