open procedure (Public Procurement Act)

The open procedure is one of three main procedures in the European Commission's proposal for a new procurement regulation (COM(2026) 590), presented on 9 September 2026. All interested suppliers can submit a tender, and the contracting authority decides in advance whether there will be negotiation. It is a proposal, not adopted law, being handled by the European Parliament and the Council, so the usual procedures still apply today.

Do not confuse it with today's open procedure under Directive 2014/24/EU, where the prohibition on negotiation applies. The new open procedure can include negotiation.

How does the new open procedure work?

The rules are in Articles 31, 33, 34 and 35 of the proposal. The procedure can be used for all types of purchases, like the dynamic procedure (Article 31(1)). The third, the innovation procedure, is reserved for purchases where the solution has to be developed. The new open procedure replaces four of today's procedures: the open and restricted procedures, the competitive procedure with negotiation and the competitive dialogue.

This is how it works (Article 34):

1. The contracting authority advertises the competition with a "public summary of the competition". It states whether there are qualification requirements and whether there will be negotiation.
2. All interested suppliers submit an initial tender through the electronic eligibility service. The deadline is at least 20 days.
3. Without negotiation, the contract is awarded on the basis of the initial tenders.
4. With negotiation, all qualified suppliers are invited. Negotiation follows Article 33, and the contract is awarded on the basis of the final tenders.

If the contracting authority has reserved the right, it can drop the announced negotiation and award on the initial tenders.

Negotiation has clear limits (Article 33). Only features of the procurement that are not essential can be negotiated. Exclusion grounds, qualification requirements and award criteria can never be negotiated. The contracting authority can reduce the number of participants along the way, but only on the basis of the award criteria. The winner is chosen on "best quality for money" under Article 98, where quality must count for at least 30 %.

What does it mean for you as a supplier?

If the proposal is adopted, you will meet one procedure where today you meet four. The first thing to check in every competition is whether the contracting authority has announced negotiation. Even when negotiation is announced, your initial tender can become the final one. So always submit an initial tender you can stand behind. Tools like Cobrief can help you get a well-prepared initial tender ready before the deadline.

Frequently asked questions

When does this apply?

Not yet. The proposal is being handled by the European Parliament and the Council. The regulation applies two years after it enters into force (Article 149), realistically 2029 at the earliest. For EEA EFTA states such as Norway, incorporation into the EEA Agreement comes in addition. Until then, today's procedures apply.

Is the new open procedure the same as today's open procedure?

No. In today's open procedure under Directive 2014/24/EU, negotiation is prohibited. The new open procedure can include negotiation if the contracting authority has announced it in the notice.

Can the contracting authority limit who takes part?

Anyone interested can submit an initial tender. With negotiation, the contracting authority can reduce the number of participants along the way, but only on the basis of award criteria stated in advance.

In short: the new open procedure merges several of today's procedures into one. Anyone can take part, the contracting authority chooses whether to negotiate, and your initial tender may be the one that decides.