The competitive flexible procedure is a tendering route under the Procurement Act 2023 that lets a public sector buyer design its own bespoke procurement process, instead of following a fixed set of stages. It replaced the rigid routes of the old Public Contracts Regulations 2015 when the Act went live on 24 February 2025. In short, the buyer now decides the shape of the competition — and that changes how you find, plan for, and win public sector work.
This guide explains what the competitive flexible procedure is, how it works, and — most importantly — what it means for you as a supplier. If you are new to public sector bidding, it helps to first understand what a tender actually is before you read on.
What is the competitive flexible procedure?
The competitive flexible procedure is one of only two competitive tendering procedures created by the Procurement Act 2023. Under Section 20 of the Act, a contracting authority must run either an open procedure or a competitive flexible procedure. Firstly, the open procedure is a simple, single-stage route where any supplier can submit a tender. The second is everything else: any competitive process the authority considers appropriate for the contract.
Because of that freedom, this route has no fixed template. Instead, the buyer builds a single-stage or multi-stage process to suit the contract in front of them. They can add a shortlisting round, a negotiation, a dialogue phase, or even a supplier demonstration. As a result, two tenders using the same procedure can look completely different in practice.
In plain terms: it is a “design-your-own” tendering route. The buyer sets the stages, and they must publish them up front so you know exactly what you are bidding into.
Why the Procurement Act 2023 introduced it
The old Public Contracts Regulations 2015 gave buyers around six separate procedures, each with rigid rules. Many buyers found them restrictive and slow. The Procurement Act 2023 therefore consolidated those routes into a single, adjustable process. Ultimately, the aim was to reduce bureaucracy, encourage innovation, and give authorities room to run a competition that actually fits the job.
The Act also changed the goal of evaluation. Buyers no longer chase the “most economically advantageous tender”. They now award to the most advantageous tender (MAT). Importantly, that small wording change matters, because it gives buyers explicit permission to weight wider value — social value, quality, and innovation — not just price.
Competitive flexible procedure vs the open procedure
Both routes start with a tender notice. However, after that, they diverge. The table below shows the practical differences suppliers should watch for.
| Feature | Open procedure | Competitive flexible procedure |
|---|---|---|
| Number of stages | One — a single tender | One or many, set by the buyer |
| Who can bid | Any interested supplier | All, or a shortlist after a participation stage |
| Negotiation or dialogue | Not permitted | Allowed if stated up front |
| Best suited to | Simple, off-the-shelf requirements | Complex, high-value or innovative contracts |
| Dynamic markets | Cannot be used | The only permitted route |
Crucially, the CFP is the only route a buyer can use to award a contract through a dynamic market (formerly a Dynamic Purchasing System). If you sell through dynamic markets, this procedure now affects almost every opportunity you chase.
How the competitive flexible procedure works: the typical stages
Because the buyer designs the process, no two competitions are identical. However, most follow a recognisable shape. A typical multi-stage process runs like this:
- Early notices. The buyer may publish a prior information notice (PIN) and run preliminary market engagement to warm up the market.
- Tender notice. This is the first formal step. It either invites requests to participate, or invites your first tender. It must set out every stage of the process.
- Participation stage (optional). The buyer may shortlist suppliers against conditions of participation before inviting full tenders. This works much like the old restricted procedure or selective tendering.
- Tender stage. Shortlisted (or all) suppliers submit their bids against the published award criteria.
- Negotiation or dialogue (optional). The buyer may negotiate, hold dialogue, or ask for a demonstration to refine offers.
- Award and standstill. The buyer scores tenders, issues an assessment summary, and enters a standstill period before signing.
Meanwhile, timescales still apply. A participation stage must last at least 25 days, or 10 days where the buyer justifies urgency. Each tendering round has its own minimum period, typically 25 days for electronic submissions. So while the procedure is flexible, the clock is not infinitely generous — you still need to move quickly.
The rules a buyer must still follow
Flexibility is not a free-for-all. The buyer must design and run the procedure in line with the Act’s core procurement objectives. In practice, that means the process must:
- deliver value for money and maximise public benefit;
- be transparent, with the stages published in advance;
- treat every supplier equally and act with integrity; and
- stay proportionate to the size, complexity and cost of the contract.
By contrast, that proportionality rule matters for smaller firms. An overly complex, time-heavy process can shut out SMEs — and the Act explicitly discourages it. If a competition feels disproportionate to the value on offer, that is worth noting, because the buyer is meant to keep the burden reasonable.
What this means for you as a supplier
For bidders, the biggest shift is uncertainty. You can no longer assume you know the stages before you read the notice. Two changes deserve your attention.
First, read the tender notice like a rulebook. The buyer must publish how the procedure will run and how they will score you. That document now defines the entire game. Miss a stage, a deadline, or a scoring weighting, and you can lose before you write a word.
Second, expect more emphasis on value, not just price. With the move to the most advantageous tender, quality, social value and innovation carry real weight. A strong, evidenced quality response often decides these competitions. That is exactly where a persuasive, well-structured bid earns its return — the same discipline that underpins tendering in business more broadly.
The procedure also touches contract management. For contracts above £5 million, buyers must publish at least three key performance indicators. In other words, your promises in the bid become measured commitments after award — so bid honestly and back every claim with evidence.
How to win a competitive flexible procedure tender
Finally, winning under this procedure rewards preparation. Because the buyer controls the design, your job is to decode it early and respond precisely. A few priorities consistently pay off:
- Engage early. Take part in preliminary market engagement so you understand the buyer’s priorities before the notice lands.
- Map every stage. Build your bid plan around the published process, deadlines and scoring weightings.
- Lead with value. Evidence quality, social value and outcomes — not just cost.
- Prepare to negotiate. If a dialogue or negotiation stage is included, know your commercial limits in advance.
- Stay compliant. Answer every question, in the required format, within the word count. Non-compliance is the fastest way to lose.
Additionally, this is where expert support changes outcomes. A professional bid writer reads the procedure the way an evaluator does, then shapes a compliant, high-scoring response around it. If you would like a practical starting point, our 9-step guide to tendering for work walks through the fundamentals step by step.
Frequently asked questions
Is the competitive flexible procedure the same as the old restricted procedure?
No, but it can look similar. A buyer may design a process that mirrors the old restricted procedure — with a shortlisting stage followed by tenders. The difference is that the buyer chooses that shape; it is no longer imposed by regulation.
When did the competitive flexible procedure come into force?
It came into force on 24 February 2025, when the Procurement Act 2023 replaced the Public Contracts Regulations 2015 in England, Wales and Northern Ireland.
Can the competitive flexible procedure be used for frameworks?
Yes. A buyer can establish a public sector framework agreement using either the open procedure or the CFP, depending on the framework’s design.
Does the competitive flexible procedure allow negotiation?
Yes, if the buyer states it in the tender notice. Negotiation, dialogue and demonstrations are all permitted stages, provided they are published in advance and applied fairly to every supplier.
Is the competitive flexible procedure better for SMEs?
It can be. The Act requires proportionate processes, which should reduce unnecessary barriers. In practice, the benefit depends on how well each buyer designs its competition — so smaller firms still gain most from preparing early and bidding with expert support.
Win more public sector work under the Procurement Act
This procedure gives buyers freedom — and gives well-prepared suppliers an edge. If you want to turn these opportunities into contract wins, our bid writing team can help you decode the process and craft a response that scores. Get in touch with Together: The Hudson Collective to start winning more, faster.
Sources: GOV.UK — Competitive Tendering Procedures guidance and Crown Commercial Service. This article is for general guidance and does not constitute legal advice.