Open Procedure

The open procedure is the standard and most widely used procurement procedure in the European Union, defined by Article 27 of Directive 2014/24/EU. In an open procedure, any interested economic operator may submit a tender in response to a published contract notice, without any pre-qualification phase or limit on the number of participants. Its transparency, simplicity, and broad accessibility make it the default choice for the majority of above-threshold public procurement.

How It Works

The open procedure is a single-stage process, meaning there is no preliminary selection or shortlisting step. From the moment the contract notice is published, any economic operator in the EU (and in countries covered by the WTO Government Procurement Agreement) can access the full procurement documents and submit a complete tender.

The procedure follows a straightforward sequence:

Publication of the contract notice. The contracting authority publishes a contract notice on TED (Tenders Electronic Daily) and typically on national procurement platforms. The notice contains key information including the subject matter, CPV codes, estimated value (if disclosed), award criteria, submission deadline, and how to access the full procurement documents. Under the eForms standard, the procedure type is encoded as BT-105 = "open."
Procurement documents made available. Full tender specifications, terms of reference, draft contracts, and all relevant documents must be available electronically and free of charge from the date of publication of the contract notice. This ensures equal access for all potential tenderers.
Submission period. Economic operators have a minimum of 35 calendar days from the date the contract notice is sent to TED to prepare and submit their tenders. This period can be reduced under certain conditions:
- To 15 days if a prior information notice containing specific contract information was published between 35 days and 12 months before the contract notice.
- By 5 days if the contracting authority accepts electronic submission of tenders.
- In cases of urgency (which must be duly justified), the period may be reduced to 15 days.
Receipt and opening of tenders. All tenders received by the deadline are opened. Late submissions are generally rejected. The contracting authority verifies compliance with formal requirements (completeness, format, signature, etc.).
Qualification and evaluation. Although there is no separate pre-qualification stage, the contracting authority still verifies that tenderers meet the selection criteria (financial standing, technical capacity, professional ability) and that no exclusion grounds apply. This verification may occur before, during, or after the technical and price evaluation, depending on national rules. Many Member States allow the authority to evaluate tenders first and only verify the qualifications of the proposed winner.
Award decision. The authority selects the most economically advantageous tender (MEAT) based on the published award criteria and notifies all tenderers of the decision.
Standstill period and contract signature. A mandatory standstill period of at least 10 days applies before the contract can be signed, allowing unsuccessful tenderers to challenge the decision.
Publication of results. A contract award notice is published on TED within 30 days of contract conclusion.

Legal Framework

Article 27 of Directive 2014/24/EU establishes the open procedure as one of two procedure types (alongside the restricted procedure) that contracting authorities may always use without needing any specific justification. This contrasts with procedures like competitive dialogue or competitive procedure with negotiation, which require the authority to demonstrate specific conditions.

The directive sets minimum time limits but does not prevent authorities from allowing longer periods. In practice, many authorities provide 40-60 days for complex procurements.

Article 59 (European Single Procurement Document) streamlines the open procedure by allowing tenderers to submit a self-declaration (the ESPD) in lieu of full documentary evidence at the tender stage. Only the proposed winner is required to provide full supporting documents (certificates, financial statements, references) before contract award.

National implementations add further detail. In Germany, the offenes Verfahren follows the EU rules with additional requirements under the VgV, including specific rules on opening procedures and documentation. In France, the procédure ouverte under the Code de la commande publique closely mirrors the directive, with French administrative courts providing extensive case law on evaluation methodology and transparency requirements.

The open procedure is the dominant procedure type across the EU. Data from TED shows that approximately 70-80% of above-threshold procurements use the open procedure. It is particularly common for standardized goods, routine services, and straightforward works contracts where the contracting authority can define technical specifications precisely and does not need to engage in dialogue or negotiation with tenderers.

Practical Examples

Example 1: Office Furniture Procurement. A city government procures office furniture for a new civic center. The contract is valued at EUR 350,000, well above the EU threshold. The authority publishes an open procedure contract notice with CPV code 39130000 (Office furniture). The evaluation uses 60% price and 40% quality (design, durability, warranty). Fourteen suppliers submit tenders. After evaluation, the contract is awarded to the tenderer offering the best combination of competitive pricing and a 10-year warranty on structural components.

Example 2: Waste Collection Services. A metropolitan authority publishes an open procedure for residential waste collection services divided into two lots — one for the northern district and one for the southern district. The procedure allows tenderers to bid on one or both lots. Seven companies submit tenders for Lot 1 and five for Lot 2. Different winners are selected for each lot, maximizing geographic specialization.

Example 3: Road Resurfacing Works. A national roads authority procures resurfacing works for a 15-km highway stretch, valued at EUR 8 million. The open procedure allows any qualified construction firm to bid. The authority uses quality-weighted criteria (70% technical, 30% price) to prioritize safety and durability. The winning contractor demonstrates superior track record and innovative asphalt technology, despite not being the cheapest bidder.

Key Considerations for Suppliers

Open procedures are your primary opportunity pipeline. Because open procedures dominate above-threshold procurement across the EU, most of your public sector business will come from this procedure type. Set up systematic monitoring for contract notices in your sector and geography, using CPV codes and geographic filters.

Prepare reusable tender components. Since open procedures require a complete tender submission from the outset (unlike restricted procedures where you first submit only qualifications), having well-prepared template components — company profiles, reference lists, methodology descriptions, ESPD declarations, insurance certificates — significantly reduces your response time and bid cost.

Pay close attention to evaluation criteria weightings. In an open procedure, you know exactly how your tender will be evaluated because the criteria and weightings are published in the contract notice. A 70/30 quality-to-price weighting calls for a different strategy than a 40/60 split. Always optimize your tender for the published scoring methodology.

Use the ESPD to your advantage. The European Single Procurement Document simplifies the administrative burden of tendering. You can prepare a standardized ESPD covering your qualifications, experience, and compliance status, then tailor it for each specific procedure. This saves significant time compared to assembling full documentary evidence for every bid.

Do not self-deselect on large procurements. Many suppliers avoid open procedures for high-value contracts, assuming only large firms can win. However, open procedures allow consortium bids and subcontracting arrangements. If you have relevant expertise, consider partnering with a larger firm to bid jointly, or position yourself as a named subcontractor in another firm's tender.

Submit early. While the legal deadline is firm, technical problems with e-procurement platforms are not uncommon near closing time. Aim to submit your tender at least 24-48 hours before the deadline to avoid last-minute platform issues.

Procedure — The general concept of a procurement process; the open procedure is the most commonly used type.
Restricted Procedure — The two-stage alternative where pre-qualification precedes tender submission.
Contract Notice — The notice published on TED that initiates the open procedure and invites tenders.
Tender — The offer submitted by economic operators in response to the contract notice.
Award Criteria — The published criteria used to evaluate tenders and select the winner.
Exclusion Grounds — Grounds verified during the open procedure, either before or after tender evaluation.

Frequently Asked Questions

Why is the open procedure the most commonly used?

The open procedure is popular because it requires no special justification, allows maximum competition (any operator can bid), uses a single-stage process (reducing overall procurement timeline), and provides the highest level of transparency. Contracting authorities default to it because it is legally safe, administratively straightforward, and produces strong competitive tension that drives value for money.

Can a contracting authority limit the number of tenders in an open procedure?

No. In an open procedure, any economic operator that meets the minimum selection criteria may submit a tender. The authority cannot set a maximum number of participants or shortlist candidates. This is a fundamental difference from the restricted procedure, where the authority may limit the number of invited candidates to a minimum of five.

What is the minimum time limit for submitting a tender?

The standard minimum is 35 calendar days from the date the contract notice is sent to TED. This can be reduced to 15 days if a prior information notice with sufficient detail was published at least 35 days before the contract notice. Electronic submission of tenders allows a further 5-day reduction. In cases of duly justified urgency, the minimum can be shortened to 15 days.

Want to monitor procurement opportunities? Start your free trial or subscribe to our newsletter for weekly insights.