CHAPTER II

PUBLIC TENDER PROCEDURES
SECTION 1

Types of procedure and conduct of the procedure

Competitive dialogue
Article 13
1
The ECB may carry out a competitive dialogue in the cases outlined in Article 12(1).
2
On publication of a contract notice interested suppliers may apply for participation in the dialogue. They shall submit their application within the time limit specified in the contract notice and provide the documentation requested by the ECB.
3
The ECB shall verify the eligibility of candidates and evaluate the applications against the selection criteria set out in the contract notice. The ECB shall invite at least three eligible candidates to participate in the dialogue and provide them with a request for a proposal setting out the ECB's needs. The aim of the dialogue is to identify and define the solution that is best suited to meet the ECB's needs. The ECB may discuss all aspects of the contract with the candidates. The number of candidates invited shall be sufficient to ensure genuine competition. If the number is below the minimum number, the ECB may continue the procedure with all candidates meeting the selection criteria.
4
The dialogue shall be carried out within the timeframe set out in the contract notice. During the dialogue, the ECB shall ensure equal treatment of all participants. The ECB may not provide any information which may give some participants an advantage over others or reveal to other participants solutions proposed or other confidential information communicated by a candidate participating in the dialogue without their specific written agreement thereto.
5
If the contract notice so provides, the ECB may carry out the dialogue in successive stages to reduce the number of solutions to be discussed during the dialogue stage. The ECB shall continue the dialogue until it can identify the solution or solutions which are capable of meeting its needs. The ECB shall select the solutions to be considered by applying the award criteria set out in the contract notice or the request for a proposal.
6
Having declared that the dialogue is concluded, the ECB shall ask the candidates participating in the dialogue to submit their final tenders on the basis of the solutions presented and specified during the dialogue. The ECB may request the tenderers to clarify, specify or optimise certain aspects of their tenders or to confirm commitments contained in the tender provided that this does not have the effect of modifying substantial aspects of the tender and does not risk distorting competition or causing discrimination.
7
The ECB shall evaluate the tenders received against the award criteria laid down in the contract notice or the request for a proposal. Once the evaluation is completed, the ECB shall award the contract to the tenderer whose tender best meets the award criteria, which must include quality aspects.