Section 29Sec./Art. 29

Competitive Dialogue. - A mode of procurement that employs a two-stage bidding process where the Procuring Entity invites suppliers, manufacturers, distributors, contractors, consultants, and service providers to a dialogue to propose solution to address its needs and requirements.

Upon the submission of their initial technical proposals, without price tenders, eligible bidders shall be engaged in a dialogue to finalize the project requirements. Bidders shall then submit their technical and financial proposals which shall be subjected to the bid evaluation and post-qualification processes prescribed under this Act. Competitive dialogue may be resorted to if any of the following conditions are present:

(a) the procurement includes innovative design or solutions involving procurement of complex purchases such as, but not limited to, sophisticated products, intellectual services, or major information and communications technology projects;

(b) The contract requires prior negotiations with the suppliers, manufacturers, distributors, contractors, consultants, and service providers because of specific circumstances related to the nature, complexity, legal and financial issues, or risk attached to the procurement; or

(c) The technical specifications cannot be sufficiently established or precisely defines by the Procuring Entity.