The open procedure – a bidder's guide to the most common procurement procedure
The open procedure is the most common form of tendering in public procurement. Under section 32 of the Public Procurement Act, in an open procedure the contracting authority publishes a contract notice on the basis of which all interested suppliers that meet the suitability requirements may submit a bid.
Although the procedure is simple in principle and open to all market participants, it is by nature a tightly regulated and inflexible process. Taking part successfully requires a bidder to know its constraints precisely. This article goes through the stages of the open procedure and the most important points to note.
1. How does the process work in practice?
The key feature of the open procedure is that it has a single stage. Unlike the negotiated procedures, it proceeds in a straight line, with no separate shortlisting or negotiation rounds:
- Publication of the contract notice: The contracting authority publishes the notice (in the Hilma portal, for example). All tender documents and requirement specifications are available in full as soon as the process begins.
- Questions for further information: During the bidding period (in EU procurements typically at least 30–35 days) bidders have a defined window in which to ask clarifying questions. The contracting authority publishes the questions and the answers to all bidders together.
- Submission of bids: Bids must be submitted by an absolute deadline. Bids arriving after the deadline are not considered.
- Processing of bids: The contracting authority opens the bids, checks the bidders' suitability (via the ESPD form, for example), assesses whether the bids comply with the tender documents, and finally scores the accepted bids according to the announced award criteria.
- Procurement decision: The decision is made on the basis of the lowest price, life-cycle costs or the best price-quality ratio.
2. Key constraints for the bidder
Because no separate negotiations take place after bids are submitted in an open procedure, the requirements for preparing the bid are very strict. A bidder should pay particular attention to the following rules:
The bid is final
As a rule a submitted bid cannot be amended, clarified or improved afterwards. If a bid does not meet the mandatory requirements of the tender documents or is incomplete, the contracting authority is required by law to reject it as non-compliant. For that reason, going through the tender documents carefully is of the utmost importance.
Meeting the requirements without exception
The bid must correspond precisely to the formal requirements and technical specifications of the tender documents. A company cannot offer an alternative solution or bypass mandatory requirements unless the contracting authority has explicitly permitted alternative bids in the contract notice.
Clearing up ambiguities during the questions stage
Any contradictions, ambiguities or requirements that appear disproportionate must be raised during the public questions and answers stage. Because the terms of the tender documents cannot be changed by negotiation, the Q&A stage is a bidder's only way of asking the contracting authority to clarify or correct the documents before the submission deadline.
3. Why proactive work matters in the open procedure
Because of the nature of the open procedure, there is very little room to influence anything during the bidding period. Once the contract notice has been published in Hilma, the procedure proceeds largely as an administrative exercise towards bid calculation and the decision.
Effective public-sector selling therefore focuses on the time before the tender itself begins. Taking part in market dialogues and requests for information (RFI) organised by contracting authorities is a bidder's key way of bringing out the qualitative benefits of its own solution. Through early dialogue a bidder can help the authority form realistic award criteria that reflect the current state of the market, so that the open procedure itself serves both parties' goals as well as possible.
Frequently asked questions
What is the open procedure?
The most common form of tendering, under section 32 of the Public Procurement Act, in which all interested suppliers meeting the suitability requirements may submit a bid on the basis of the contract notice. The process has a single stage — there are no separate shortlisting or negotiation rounds.
Can a submitted bid be changed afterwards?
As a rule, no. The bid is final, and a non-compliant or incomplete bid must be rejected. Ambiguities must therefore be cleared up in the public questions and answers stage before the bid is submitted.
How can you influence an open procedure?
In practice before the tender begins: by taking part in market dialogues and requests for information (RFI) before the contract notice is published. During the bidding period there is very little room to influence anything.