Art. 64. Competitive dialogue

1. The document by which the contracting authorities referred to in Article 3, paragraph 1, letter a), decide to resort to the competitive dialogue must contain specific motivation, the contents of which are referred to in the single report referred to in Articles 99 and 139 on existence of the conditions foreseen for the recourse to the same. The contract is awarded only on the basis of the bid criteria with the best quality / price ratio in accordance with Article 95, paragraph 6.

2. In competitive dialogue, any economic operator may submit a request to participate in response to a contract notice, or to a call for competition, by providing the information requested by the contracting authority for qualitative selection.

3. The minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice, or in the special sectors, where a notice on the existence of a qualification system was sed as a means to call for competition, the invitation to confirm interest were sent. Only those economic operators invited by the contracting authorities following the assessment of the information provided may participate in the dialogue. Contracting authorities or contracting entities may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 91.

4. Contracting authorities or contracting entities shall set out their needs and requirements in the contract notice or in the call for competition and they shall define these needs and requirements in that notice or in a descriptive document.

5. Contracting authorities or contracting entities shall open, with the selected participants, a dialogue the aim to identify and define the means best suited to satisfying their needs. During the dialogue they may discuss all aspects of the procurement with the chosen participants.

6. During the dialogue, contracting authorities or contracting entities shall ensure equality of treatment among all participants. To that end, they shall not provide information which may give some participants an advantage over others.

7. In accordance with Article 53, contracting authorities or contracting entities shall not reveal to the other participants solutions proposed or other confidential information communicated by a candidate or tenderer participating in the dialogue without its agreement. Such agreement shall not take the form of a general waiver but shall be considered as referred to the expressly intended communication of specific information.

8. Competitive dialogues may take place in successive stages in order to reduce the number of solutions to be discussed during the dialogue stage by applying the award criteria laid down in the contract notice or in the descriptive document. In the contract notice or call for competition or the descriptive document, the contracting authorities or contracting entities shall indicate whether they will use that option.

9. The contracting authority or contracting entity shall continue the dialogue until it can identify the solution or solutions which are capable of meeting its needs.

10. Having declared that the dialogue is concluded and having so informed the remaining participants, contracting authorities or contracting entities shall ask each of them to submit their final tenders on the basis of the solution or solutions presented and specified during the dialogue. Those tenders shall contain all the elements required and necessary for the performance of the project. Upon request of the contracting station, tenders may be clarified, specified and optimised. However, such clarifications, specifications, optimizations or additional information shall not have the effect to modify the essential aspects of the tender or of the procurement, including the needs and requirements set out in the contract notice, in the call for competition or in the descriptive document, where variations are likely to distort competition or have a discriminatory effect.

11. Contracting authorities or contracting entities shall assess the tenders received on the basis of the award criteria laid down in the contract notice, in the call for competition or in the descriptive document and shall also apply the following provisions:

a) the documents on the basis of which tenders have been submitted may be complemented by additional information emerged from the competitive dialogue,

b) at the request of the contracting station, negotiations with the tenderer identified as having submitted the tender presenting the best price-quality ratio may be carried out to confirm financial commitments or other terms contained in the tender by finalizing the terms of the contract.

12. Provisions contained in letters a) and b) of paragraph 11 shall apply provided that this does not have the effect of substantially modifying essential aspects of the tender or of the procurement, including the needs and requirements set out in the contract notice, in the call for competition or in the descriptive document, or that there is not the risk of distorting competition or causing discrimination.

13- Contracting authorities or contracting entities may provide for prizes or payments to the participants in the dialogue.