Restricted Procedure
A two-stage procurement procedure where suppliers first submit expressions of interest, then only those shortlisted by the authority are invited to submit full tenders.
In Detail
The restricted procedure is a two-stage procurement method defined in Article 28 of Directive 2014/24/EU. In the first stage, the contracting authority publishes a contract notice and invites economic operators to submit requests to participate. These requests are evaluated against the published selection criteria (financial standing, technical capability, relevant experience), and the authority shortlists a minimum of five candidates (unless fewer qualified candidates are available). In the second stage, only the shortlisted candidates are invited to submit full tenders, which are then evaluated against the award criteria.
The minimum time limit for receipt of requests to participate is 30 days from the contract notice date (reducible to 15 days in cases of urgency). After shortlisting, the minimum tender period for the invited candidates is 30 days from the ITT date (reducible to 10 days if a PIN was published). The contracting authority may limit the number of candidates invited to tender, but must state the minimum and maximum numbers in the contract notice and disclose the objective, non-discriminatory criteria used for shortlisting.
The restricted procedure is the second most commonly used procedure in EU procurement. It is particularly suited to contracts where the contracting authority wants to ensure that only genuinely capable suppliers invest time in preparing full tenders — either because the tender preparation is expensive and complex (e.g., major infrastructure projects) or because the evaluation of a large number of tenders would be impractical. By filtering at the pre-qualification stage, the authority can focus evaluation resources on a manageable number of high-quality proposals.
Practical Context
How it works in practice
For suppliers, the restricted procedure creates a two-step decision process: first, whether to invest in the pre-qualification submission, and second (if shortlisted), whether to commit to the full bid. The pre-qualification stage typically requires less effort than a full tender but still demands evidence of financial standing, relevant references, and technical capacity. Suppliers who are not shortlisted avoid the cost of preparing a full bid, but also lose the opportunity. On TenderRadar, restricted procedure notices are flagged with the two-stage timeline, and users can track their status from pre-qualification through to tender submission and award.
Frequently Asked Questions
How many suppliers are typically shortlisted in a restricted procedure?
The EU Directives require a minimum of five candidates to be invited (unless fewer qualified candidates applied). In practice, contracting authorities commonly shortlist 5-8 candidates. The maximum number varies by authority and is stated in the contract notice. Shortlisting criteria must be objective and non-discriminatory.
Can a supplier who was not shortlisted challenge the decision?
Yes. Suppliers who are not shortlisted must be notified of the reasons for their rejection and have the right to seek remedies under the EU Remedies Directive. The authority must demonstrate that the shortlisting criteria were applied objectively and consistently. Unsuccessful candidates may request a debrief to understand how their pre-qualification submission was assessed.
When should a contracting authority use a restricted procedure instead of an open procedure?
The restricted procedure is appropriate when the authority wants to limit the number of tenders to manage evaluation workload, when the tender preparation cost is high and the authority wants to ensure only qualified suppliers invest in bids, or when the contract requires a high level of supplier capability that is best assessed through a dedicated pre-qualification stage.
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