The open procedure is often used for the purchase of commodities not requiring a complex tender process.
The procedure is available to be used in all circumstances where the contracting authority is able to clearly specify its requirements and does not need to negotiate with the winning bidder (indeed, negotiation is prohibited).
Key Contacts
Any interested party may submit a tender, responding to the call for competition. Tender responses will include qualitative selection information and a full tender response. It is not necessary for all responses to be evaluated - the authority can evaluate all tenders if it considers this appropriate but can also limit the evaluation to those meeting the minimum qualitative selection/compliance requirements. A contract can only be awarded to a bidder meeting those minimum requirements.
Note that an accelerated open procedure is available, but only in situations of urgency which can be ‘duly substantiated’ by the contracting authority.
Please click below for our procedure flowchart, setting out the various stages, requirements, and timescales for the open procedure.
Related News, Insights & Events
Procurement and adequacy of damages - Braceurself for more!
A recent procurement law judgment has brought into focus “adequacy of damages” and the implications for claimants challenging contract awards under the Public Contracts Regulations 2015 (PCR 2015).
Public procurement across the UK: The ten key differences between the Procurement Act 2023 and Scottish Regulations that suppliers need to know
Suppliers of goods, services and works to the public sector (and those working within the utilities sector) will be well used to the formalities of competitive tendering.
Avoid a mess – ordering the lives of busy owner-managers
At Burness Paull, we work with many owner-managers operating across a range of sectors.
