Public procurement: Apply for participation in the competitive dialogue

Contracting authorities (contracting authorities) can conduct a competitive dialogue above the EU-wide thresholds. This procedure is a special form of negotiation procedure with moments of the non-open procurement procedure. It is used to award particularly complex contracts. The contracting authority may conduct the competitive dialogue if:

  • the volume of the contract exceeds the specified threshold and
  • objectively, it is not in a position to
    • indicate the technical means by which their needs and objectives can be met, or
    • the legal and financial terms of the project.

As an EU-wide call for tenders, the call for applications for participation in the procedure (participation competition) must be published in the EU Official Journal "S" / TED and in accordance with Hessian procurement law in the Hessian tender database HAD (; the EU notice may be made through had. The notice shall state the needs and requirements. Explanations may be made available in the notice itself or by means of a retrieval description.

Related Links

  • HAD

You can find out which documents, samples or samples you need during the competitive dialogue at the awarding office.


The submission of an application for participation in the competitive dialogue must comply with the substantive and formal requirements set out in the notice.

Related Links

  • § 101 Abs. 4 Gesetz gegen Wettbewerbsbeschränkungen (GWB) (Arten der Vergabe)
  • Vergabe- und Vertragsordnung für Bauleistungen (VOB) Teil A-2019
  • Vergabe- und Vertragsordnung für Bauleistungen (VOB) Teil B-2016

You apply to participate in the competitive dialogue at the contracting authority. He must be received there in accordance with the following 37 days after the dispatch of the notice.

The contracting authority invites the selected companies to negotiate the details of the contract. The dialogue can take place in different phases. These should build on each other with the aim of reducing and easier to manage the number of solutions to be discussed in the dialogue phase. The contracting authority must indicate the dialogue phases in the notice or in the description. If the contracting authority decides that a company should no longer participate in the next phase of the dialogue, it must inform it.

The competitive dialogue is open to results. The contracting authority declares the dialogue to be completed if:

  • it is clear that no solution can be found, or
  • a solution has been found that meets the requirements of the contracting authority.

In both cases, the parties must be informed of the conclusion of the dialogue. If a solution has been found, the contracting authority shall invite the companies still involved in the dialogue phase to submit a final tender. The basis of the offer is the solution submitted and discussed during the dialogue phase. The contracting authority examines the tenders and selects the most economical tender.

It may ask the selected company to re-explain the details of the offer or to confirm commitments to the offer.

Responsible for the content
Hessian Ministry of Economy, Energy, Transport and Regional Development

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