Procurement procedures
Open procedure
Written by Justin Cesman, CEO of Skim. Last reviewed:
- Definition
- The open procedure is a single-stage public procurement route, defined in section 20 of the Procurement Act 2023, where any interested supplier may submit a full tender with no pre-qualification or shortlisting. The contracting authority then awards the contract on the basis of those tenders alone.
Key takeaways
- The open procedure is single-stage: there is no participation stage, no shortlist and no interview — every compliant tender is evaluated against the award criteria.
- Any interested supplier can submit a tender; the contracting authority cannot restrict who participates before the deadline.
- The open procedure survives the Procurement Act 2023; the restricted, competitive dialogue and negotiated procedures do not — they are absorbed into the new competitive flexible procedure.
- The minimum tendering period is 25 days where tenders are electronic and all documents are published with the tender notice, with reductions in defined cases.
- Lower pursuit cost (no questionnaire) but typically more competition, because no earlier stage removes weaker rivals before yours is read.
How it works
The open procedure is the simplest route to market in UK public procurement. The contracting authority publishes a tender notice, sets a deadline and evaluates every compliant tender it receives against the published award criteria. There is no separate selection stage, no shortlist and no interview round — the whole competition happens in one pass, and all tender documents must be available at the outset so every supplier bids on the same information.
Because it is single-stage, the open procedure cannot restrict who submits a tender, and each supplier relies on a single submission with no further rounds. Conditions of participation may still apply — a supplier that fails to meet them must not be awarded the contract — but there is no down-selection at a pre-qualification questionnaire stage. Under the Procurement Act 2023 the minimum tendering period is 25 days where tenders are submitted electronically and all associated documents are published with the tender notice; this rises to 30 or 35 days in defined cases, and can fall to 10 days where a qualifying planned procurement notice was published in advance or there is a genuine state of urgency.
Where the requirement is more complex — needing dialogue, negotiation, presentations or a staged narrowing of the field — the open procedure is the wrong tool. The competitive flexible procedure is used instead: a multi-stage route the authority designs itself, with an optional participation stage to limit the number of suppliers before tenders are invited. Both routes end the same way: a contract award notice, then a standstill period of at least eight working days before the contract can be signed.
For bidders, the open procedure means lower pursuit cost — no selection questionnaire to complete — but often broader competition, because any supplier can enter and no earlier filter has removed weaker rivals. Your tender has to stand on its own quality score against the evaluation criteria, with no second chance to clarify or revise.
Open procedure vs competitive flexible procedure
| Feature | Open procedure | Competitive flexible procedure |
|---|---|---|
| Stages | Single stage | Multi-stage, authority-designed |
| Restrict who can tender? | No — any interested supplier | Yes — optional participation stage |
| Dialogue, negotiation, presentations? | Not permitted | Permitted within the design |
| Statutory basis | Procurement Act 2023, s.20(2)(a) | Procurement Act 2023, s.20(2)(b) |
| Best suited to | Straightforward, off-the-shelf needs | Complex or developmental requirements |
| Replaces under the Act | The PCR 2015 open procedure | Restricted, competitive dialogue and negotiated procedures |
Under the Procurement Act 2023
Reviewed
Which rules apply depends on when the procurement started. The Public Contracts Regulations 2015 (PCR 2015) govern procurements begun before 24 February 2025; the Procurement Act 2023 governs those begun on or after that date. The open procedure survives the reform largely intact — section 20 of the Act keeps it as a single-stage tendering procedure with no restriction on who can submit tenders. The bigger change is around it: the restricted procedure, competitive dialogue and competitive procedure with negotiation no longer exist as named procedures. Government guidance states there is no longer a restricted procedure, competitive procedure with negotiation or competitive dialogue procedure, but a similar approach can be adopted within a competitive flexible procedure where appropriate. So under the current Act there are only two competitive tendering procedures: the open procedure and the competitive flexible procedure.
Sources: Procurement Act 2023, Part 3 (legislation.gov.uk) · GOV.UK — Guidance: Competitive tendering procedures · GOV.UK e-learning — Module 4: Competitive flexible procedure
Why it matters for bidders
The open procedure is the most SME-accessible route on the board: there is no pre-qualification gate, so you compete purely on the strength of your tender. That is also the trap — any supplier can enter, no earlier stage thins the field, and you get one submission with no chance to revise, so your quality score against the published evaluation criteria is everything. The smarter move is to read the open procedure before you commit to it. From published award notices you can see who has won that buyer's open tenders before, at what price, and how many bidders typically turn up — so a bid-no-bid decision rests on the real shape of the competition, not the notice alone. That award-data discipline, drawn from teams who have won £3bn+ in UK and EU public contracts, is what turns 25 days of writing into a tender that places rather than fills a slot.
How Skim helps
Skim's Bid Analysis agent scores an open procedure opportunity against your track record and capabilities before you invest 20+ hours writing a response, while its Opportunity Discovery agent surfaces open tenders across every UK and EU portal and flags them against your sector and win history — so you spend the single-submission window on the tenders you can realistically win.
Frequently asked questions
- What is the open procedure in public procurement?
- The open procedure is a single-stage public procurement route where any interested supplier can submit a full tender, with no pre-qualification or shortlisting. The contracting authority evaluates every compliant tender against the published award criteria and awards on that basis. It is defined in section 20 of the Procurement Act 2023.
- Does the open procedure still exist under the Procurement Act 2023?
- Yes. The open procedure survives the Procurement Act 2023 as one of two competitive tendering procedures, alongside the new competitive flexible procedure. The restricted procedure, competitive dialogue and competitive procedure with negotiation no longer exist as named procedures and are instead handled within the competitive flexible procedure.
- What is the difference between the open procedure and the competitive flexible procedure?
- The open procedure is single-stage and open to any supplier, with no dialogue or negotiation, suiting straightforward requirements. The competitive flexible procedure is multi-stage and authority-designed, with an optional participation stage to limit suppliers and scope for dialogue, negotiation or presentations, suiting more complex contracts.
- What is the minimum tender period for the open procedure?
- Under the Procurement Act 2023 the minimum tendering period for the open procedure is 25 days where tenders are submitted electronically and all documents are published with the tender notice. It rises to 30 or 35 days in defined cases, and can be cut to 10 days after a qualifying planned procurement notice or in a genuine state of urgency.
- Do you need a PQQ for the open procedure?
- No. The open procedure has no separate pre-qualification or selection stage, so there is no questionnaire to pass before tendering. Conditions of participation may still apply, and a supplier failing them cannot be awarded the contract, but there is no down-selection of bidders before tenders are evaluated.
- When should the open procedure be used?
- The open procedure suits straightforward, off-the-shelf requirements that a supplier can fulfil from a single tender. It should not be used where the contracting authority needs to interview bidders, hold dialogue, take presentations or narrow the field in stages — those needs require the competitive flexible procedure instead.
Sources
Related terms
Restricted procedure
The restricted procedure is a two-stage UK procurement process under the Public Contracts Regulations 2015 in which suppliers first complete a selection questionnaire and the buyer shortlists at least five qualifying candidates, who alone are then invited to submit a full tender.
Framework agreement
A framework agreement is a multi-year arrangement between one or more public sector buyers and one or more suppliers that sets the terms — pricing, quality, delivery — for contracts awarded during its life. A framework is not itself a contract for work; the individual call-off contracts placed under it are.
Competitive dialogue
Competitive dialogue was a UK procurement procedure for complex contracts in which the buyer held structured, confidential discussions with shortlisted suppliers to develop a solution before inviting final tenders. Used when the technical specification could not be defined upfront, it has been absorbed into the competitive flexible procedure under the Procurement Act 2023.