The Open Procedure Under the Procurement Act 2023

The open procedure is one of two competitive tendering routes under the Procurement Act 2023. It is a single-stage process where any interested supplier can submit a tender, and the buyer awards the contract on the basis of those tenders. It is the simplest, most transparent way to run a competition — which makes it a common route for straightforward contracts. This guide explains how the open procedure works and how to win through it.

The open procedure sits alongside the more flexible competitive flexible procedure. Together, these two routes replaced the older, more rigid procedures when the Procurement Act 2023 came into force on 24 February 2025.

What is the open procedure?

The open procedure is a single-stage competitive tendering procedure defined in Section 20 of the Act. Under it, the buyer publishes a tender notice, any supplier can respond with a full tender, and the buyer evaluates every compliant submission against published criteria. There is no shortlisting round before tenders — everyone who wants to bid, can.

As a result, this simplicity is its strength. Because there is only one stage, the process is quick and predictable. It suits contracts that are relatively simple or off-the-shelf, where the buyer does not need negotiation or dialogue to reach the right outcome.

Open procedure vs competitive flexible procedure

In practice, the two routes are designed for different situations. The table below shows the key differences.

Feature Open procedure Competitive flexible procedure
Stages One One or many, set by the buyer
Shortlisting before tender No Optional
Negotiation or dialogue No Allowed if stated
Best for Simple, off-the-shelf needs Complex or innovative needs

In short, if a contract is simple, expect the open procedure. If it is complex, expect the competitive flexible procedure. Knowing which you are bidding into shapes how you plan your response.

How the open procedure works

The process is straightforward, but timing still matters. A typical open procedure runs like this:

  • Tender notice. The buyer publishes the opportunity on the Central Digital Platform, with the full requirements and award criteria.
  • Tender period. Suppliers prepare and submit their tenders. The minimum period is generally 25 days for electronic submissions, though it can be reduced in some cases.
  • Evaluation. The buyer scores every compliant tender against the published criteria.
  • Award and standstill. The buyer announces the winner and enters a standstill period before signing.

Because everything is provided up front, there is no second chance to clarify or negotiate. In short, your first submission has to be your best.

How to win an open procedure tender

Ultimately, the open procedure rewards precision and preparation. Since you cannot rely on a later dialogue stage, focus on getting everything right the first time:

  • Read the criteria closely. The award criteria and weightings tell you exactly where the points are.
  • Answer every question fully. Non-compliance is the fastest way to be disqualified.
  • Evidence your claims. Back every statement with data, examples and outcomes.
  • Lead with value. Under the Act, buyers award to the most advantageous tender, so quality and social value matter, not just price.
  • Proofread and check compliance. Format, word counts and file requirements all count.

A professional bid writer reads the criteria the way an evaluator does and shapes a compliant, high-scoring response. For the fundamentals, our guide on how to win a tender is a strong starting point.

Frequently asked questions

What is the difference between the open procedure and the competitive flexible procedure?

The open procedure is a single-stage route where any supplier can tender, with no shortlisting or negotiation. The competitive flexible procedure lets the buyer design a bespoke, potentially multi-stage process with optional negotiation.

How long is the tender period for the open procedure?

The minimum tender period is generally 25 days for electronic submissions, though buyers can reduce it in certain circumstances, such as where a qualifying planned procurement notice has been published.

When do buyers use the open procedure?

Buyers tend to use the open procedure for simple, straightforward or off-the-shelf requirements, where speed and transparency matter more than negotiation or flexibility.

Can a framework be set up using the open procedure?

Yes. A buyer can establish a framework agreement using either the open procedure or the competitive flexible procedure, depending on the framework’s design.

Win more through the open procedure

The open procedure is fast, transparent and common — and it rewards suppliers who prepare well. If you would like help crafting a compliant, high-scoring tender, our bid writing team can support you. Get in touch with Together: The Hudson Collective to start winning more, faster.

Source: GOV.UK — Competitive Tendering Procedures guidance. This article is for general guidance and does not constitute legal advice.

About the author: Written by Joshua Smith, a seasoned bid-writing expert with experience across the UK, Middle East and US, helping organisations secure the contracts they deserve through high-quality, competitive tender responses.

Join the Collective

Let’s Build Your Next Chapter Together

The world of business is changing fast — but growth still starts with people.
Join a global collective built on creativity, strategy, and bold ambition. Whether you’re a healthcare innovator, security leader, creative agency, or tech pioneer — Together, we grow.