Is it being overused ... or even abused? What does "particularly complex" actually mean? What if you can specify the "what" but not the "how" - does that count? These are just some of the many questions likely to be asked when an authority is deciding whether it can, or should, use the competitive dialogue procedure. The procedure is now nearing its third birthday. Most commentators agree that it has generally been a success. However, if it is to continue to prosper and avoid numerous, recession-inspired, legal challenges, the Government needs to publish further practical guidance which answers some of the many questions that still surround the use of this new procedure.
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