Open Procedure
The most common EU procurement procedure where any interested supplier can submit a tender. There is no pre-qualification stage — all tenders are evaluated directly against the published criteria.
In Detail
The open procedure is the most widely used procurement procedure under EU Directive 2014/24/EU (Article 27). It is a single-stage process in which the contracting authority publishes a contract notice and any interested economic operator can submit a tender. There is no pre-qualification or shortlisting stage — all submitted tenders are evaluated against both the selection criteria (to determine supplier eligibility) and the award criteria (to rank the eligible tenders). This combination of simplicity and openness makes it the default choice for many contracting authorities.
The minimum time limit for tender submissions in an open procedure is 35 days from the date the contract notice is sent to TED, though this can be reduced to 15 days if a Prior Information Notice (PIN) was published at least 35 days and no more than 12 months before the contract notice. Electronic submission can reduce the period by a further 5 days. In cases of urgency that can be duly justified, the minimum period can be reduced to 15 days. These time limits are designed to give suppliers sufficient time to prepare competitive tenders while allowing authorities flexibility in urgent situations.
The open procedure is particularly well-suited to procurements where the requirements are clearly defined, the market is well-established, and the contracting authority wants to maximize competition. It is less appropriate for complex projects where the authority needs to engage with suppliers to refine the requirements (which would call for competitive dialogue or competitive procedure with negotiation) or where the authority wants to limit the number of tenders to reduce evaluation burden (which would favor the restricted procedure).
Practical Context
How it works in practice
From a supplier's perspective, the open procedure is the most accessible route to public sector contracts because there is no pre-qualification barrier. Suppliers simply download the tender documentation, prepare their bid, and submit by the deadline. However, this accessibility also means open procedures can attract a high number of bidders, increasing competition. Experienced suppliers use opportunity intelligence — from platforms like TenderRadar — to identify open procedures where their specific strengths align with the award criteria, rather than bidding on every available opportunity. For contracting authorities, the open procedure offers the widest possible competition but can result in a high volume of tenders to evaluate.
Frequently Asked Questions
What is the difference between open and restricted procedures?
In an open procedure, any supplier can submit a full tender directly. In a restricted procedure, suppliers first submit expressions of interest and are pre-qualified against selection criteria; only shortlisted suppliers are then invited to submit full tenders. The restricted procedure has two stages, while the open procedure has one.
Can a contracting authority negotiate with suppliers in an open procedure?
No. The open procedure does not allow negotiation. Tenders are submitted as final offers and evaluated as-is against the published criteria. If the authority wants the option to negotiate, they must use a different procedure such as the competitive procedure with negotiation or competitive dialogue (subject to specific conditions being met).
How common is the open procedure in EU procurement?
The open procedure is by far the most commonly used procedure across the EU, accounting for the majority of above-threshold procurement notices on TED. Its popularity stems from its simplicity, transparency, and the fact that it maximizes competition. The restricted procedure is the second most common, followed by negotiated procedures and competitive dialogue.
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