open procedure

An open procedure is a procurement method where any interested supplier can submit a tender directly, without prior prequalification. It is a single-stage process and the most widely used procedure for public contracts above the EU thresholds. Under Directive 2014/24/EU (Article 27), contracting authorities can always choose the open procedure, and it accounts for around 82 % of all EU procurement procedures.

How does an open procedure work?

The contracting authority prepares tender documents describing what is being procured, the qualification requirements for suppliers, and the award criteria for evaluating tenders. The contract notice is published on TED for contracts above EU thresholds.

Any interested tenderer may submit a tender before the submission deadline. The contracting authority evaluates all tenders against the award criteria and selects the most advantageous offer. After the award decision, a standstill period applies before contract conclusion.

Key rules

• No negotiation: The contracting authority may not negotiate with suppliers on their tenders. The submitted tender is in principle final.
• Clarification only: The authority may request suppliers to clarify, supplement, or complete information that appears to contain errors or ambiguities.
• Minimum time limits: The deadline for submitting tenders must be at least 35 days from the dispatch of the contract notice, reducible to 30 days where electronic submission is accepted.
• Free access: Tender documents must be made available electronically, free of charge, from the date the contract notice is published.

When is an open procedure most suitable?

The open procedure works best for straightforward procurements where preparing and evaluating tenders is not overly resource-intensive, for example goods or services decided on standardised criteria such as price or lowest cost. For more complex procurements where limiting the number of bidders makes sense, a restricted procedure may be more appropriate. Where negotiation is needed, authorities may instead use a competitive procedure with negotiation or a competitive dialogue. All of these are forms of tender procedure.

Tools like Cobrief help suppliers discover and assess open procedures quickly, so they can focus on the most relevant opportunities.

The open procedure is the cornerstone of EU public procurement. It ensures broad competition and equal treatment, while requiring high-quality tender documents, since negotiation is not allowed, the contracting authority must describe its needs clearly from the outset.