Open procedure

How an open procedure works

An open procedure invites any supplier that wants to participate to submit a tender after the tender notice is published. It is a single-stage route: there is no separate request-to-participate shortlist before tenders. The authority must explain the requirement, timetable, conditions of participation, award criteria and assessment method in the notice and associated documents. It awards to the most advantageous tender under the Procurement Act 2023.

The route is similar in shape to the open procedure under the Public Contracts Regulations 2015, but the governing provisions and notice sequence depend on when the procurement commenced. Do not assume that an old PCR open procedure uses the Act's terms.

Supplier checklist

Check whether all evidence is due with the tender or whether the authority will verify some information later. Make sure your response answers every pass/fail requirement and award criterion; a clarification is not a second chance to add a missing method statement. Confirm whether lots can be combined, whether variants are allowed and how abnormally low tenders will be handled.

For example, a council may publish an open procedure for grounds maintenance and accept tenders from every interested provider, then assess capacity and quality alongside price. A small supplier can compete without passing a prior shortlist, but it still has to meet the stated conditions before award. The absence of a shortlist does not mean the authority can accept an incomplete tender or apply unpublished criteria.