This procedure is designed to be used by public authorities for projects which are considered to be "particularly complex" and in respect of which authorities consider that the use of the open or restricted procedure will not allow for the award of the contract. The EU directive provides examples of such projects, including projects which involve complex or structured financing the financial and legal make up of which cannot be defined in advance. The NHSScotland bodies should note that they are legally obliged to prepare a statement justifying their use of the competitive dialogue procedure.
Under the procedure, an authority invites a number of interested parties (at least three) to participate in a dialogue around the authority's needs and requirements. During that dialogue, the authority will conduct parallel discussions with each participant with a view to developing detailed solutions upon which the authority is prepared to accept final bids (at which point the dialogue will be closed). The contract should thereafter proceed to signature with only limited scope for further alteration.