Competitive dialogue

In the case of particularly complex contracts, where the contracting authority is not in a position to define the technical solutions tailored to its needs or to specify the legal and/or financial conditions of its project, the contracting authority may conduct a competitive dialogue if, in its opinion, an open or restricted procedure is not possible. The award shall be made on the basis of the tender offering the best value for money (Article 25a, paragraph 1 ÖAWG or Article 36b, paragraph 1 ÖAWSG).

The contracting authority shall explain and define in the notice or in the terms of reference its needs and requirements, the award criteria, set an indicative timeframe and specify therein the objective and non-discriminatory criteria or rules it envisages, the minimum number and, where appropriate, the maximum number of candidates to be invited. He shall, whenever possible, negotiate with at least three applicants. Effective competition must be ensured among the invited candidates (Article 25a, paragraph 2 ÖAWG or Article 36b, paragraph 2 ÖAWSG). The further provisions on competitive dialogue are governed by Art. 25c ÖAWV or Art. 30b ÖAWSV.

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