4.1.5.  Guidance on applying the Competitive Dialogue is needed

A substantial number of stakeholders argue in favour of adopting a guidance paper on the application of the Competitive Dialogue. One issue which contributors consider worth clarifying is whether the submission of final tenders referred to in Article 29(6) of Directive 2004/18/EC should be based on the solutions presented individually by each bidder - which is, for reasons of confidentiality, explicitly preferred by some contributors - or on a solution proposed by one bidder - which is preferred by those who advocate the comparability of the proposals, in order to ensure equal treatment of bidders. In the view of various contributors, other issues requiring clarification include the scope of the Competitive Dialogue, the need to compensate unsuccessful bidders, the need to continue with the Competitive Dialogue even if, after the procedure has started, it turns out that the project in question qualifies as a concession, the extent of the protection of confidentiality, and certain terms set out in Article 29 of Directive 2004/18/EC, such as "economically most advantageous offer" and "basic features of the tender".