Abstract

The provisions on competitive dialogue in German public procurement law have essentially been transferred directly from the Public Procurement Directives. The eliminative and bidding nature of competitive dialogue is particularly evident in the background of the basic contract award procedures. The elimination aspect is particularly evident at the qualification stage, when contractors compete for admission to the procedure. The elimination aspect in the dialogue phase becomes visible through the limitation of the number of negotiated solutions. The basis for negotiations between the contracting authority and contractors is the tender, where formally defective tenders are eliminated. The competitive dialogue described in comparison with other procedures for the award of public contracts shows, on the one hand, its investigative character, oriented towards finding a solution that satisfies the needs of the contracting authority to the greatest extent and flexibility unavailable in basic procedures. On the other hand, there is a visible similarity to other procedures in which negotiation is an element.