Some contributors argue for a limitation, some for an extension of the scope of application of the Competitive Dialogue procedure. A considerable number of contributors stress that the procedure does not apply to awarding service concessions; a few others say that it is not applicable to PPPs, including institutionalised PPPs, either. The reason most often given is that the Competitive Dialogue is not flexible enough. Conversely, one stakeholder considers the Competitive Dialogue to be particularly well suited to PPPs which are not complex, while two participants in the consultation specifically ask for the Competitive Dialogue to be applied to setting up institutionalised PPPs.
Many contributors are uncertain about the scope of the Competitive Dialogue; some miss a clear delineation of the boundary between this procedure and the negotiated procedure. One law firm considers that the contracting authority enjoys too much discretion in interpreting the criteria which determine whether the Competitive Dialogue applies.