What are
procurement procedures
Procurement procedures are the regulated methods contracting authorities follow when conducting a public procurement. The choice of procedure governs the entire competition process — from contract notice to contract award — and depends on the estimated value and complexity of the procurement.
How are procurement procedures chosen?
Under EU Directive 2014/24/EU, the available procedures depend on the contract value and circumstances:
- Below EU thresholds: National rules apply. Most Member States allow simplified procedures for lower-value contracts.
- Above EU thresholds: The Directive provides a defined set of formal procedures. The default is the open procedure or restricted procedure. Other procedures — competitive procedure with negotiation, competitive dialogue, and innovation partnership — may only be used when specific conditions in Article 26(4) are met.
The main procedures
- Open procedure (Art. 27): Any interested supplier may submit a tender. No negotiation is permitted. This is by far the most commonly used procedure across the EU/EEA.
- Restricted procedure (Art. 28): Suppliers are prequalified first, and only those invited may submit a tender. Suitable when a large number of candidates is expected or the evaluation is resource-intensive.
- Competitive procedure with negotiation (Art. 29): The contracting authority may negotiate with tenderers to improve their offers. Available when the procurement involves adaptation, complexity, or when a prior open or restricted procedure has failed.
- Competitive dialogue (Art. 30): A structured dialogue phase helps develop the solution before final tenders are submitted. Used for particularly complex projects where the authority cannot define precise specifications in advance.
- Innovation partnership (Art. 31): Development and purchase within a single contract. Only available when no suitable solution exists on the market.
Tools like Cobrief help suppliers discover relevant procurement opportunities early, regardless of which procedure the contracting authority has chosen.
Choosing the right procedure is a strategic decision that affects supplier access, negotiation possibilities, and timeline. While open and restricted procedures suit most standard procurements, complex or innovative needs may benefit from procedures that allow greater dialogue between buyer and market.