This procedure allows the selection of a number of interested parties with whom to negotiate a contract. However, the procedure can only be used in certain exceptional circumstances specified in the Regulations. NHSScotland bodies should note that these exceptional circumstances are not typically found in a PPP procurement and accordingly the negotiated procedure will generally be unsuitable for such projects.
Given the background noted above, it is expected that in general PPP schemes will be advertised and awarded under the competitive dialogue procedure. However, it is vital that NHSScotland bodies seek appropriate and timely legal advice in order to confirm the appropriate procedure in each case.