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UK supplier guide

Competitive flexible procedure:
what suppliers need to know

The Procurement Act has two competitive procedures. The open procedure is one stage, open to all. The competitive flexible procedure is whatever multi-stage process the buyer designs, and the tender notice tells you what it is.

Find tenders using the competitive flexible procedure →

Checked against primary sources4 sources linked below

  1. Read the tender notice

    This guide’s primary sources

  2. Clear participation

    This guide’s primary sources

  3. Plan each round

    This guide’s primary sources

  4. Prepare for negotiation

    This guide’s primary sources

  1. Two procedures

    Open is single stage; competitive flexible is designed by the buyer.

    This guide’s primary sources

  2. Rounds can cut you

    Exclusion can follow conditions of participation or an intermediate assessment.

    This guide’s primary sources

  3. Time limits vary

    Read section 54 and the notice, not a rule of thumb.

    This guide’s primary sources

What is the competitive flexible procedure?

Any competitive tendering procedure, other than the open procedure, that the buyer considers appropriate for the contract.

Section 20(2) of the Procurement Act 2023

  • Open procedure

    “A single-stage tendering procedure without a restriction on who can submit tenders” (Act · section 20).

  • Competitive flexible procedure

    “Such other competitive tendering procedure as the contracting authority considers appropriate for the purpose of awarding the public contract” (Act · section 20). It must still be proportionate to the contract’s nature, complexity and cost.

What can a buyer build into it?

Shortlists, several rounds, negotiation and refined award criteria, as long as the tender notice and documents say so.

Section 20(4)–(5)

  1. Limit participants

    The buyer may cap the number of suppliers, generally or for a round.

    Act · section 20

  2. Refine criteria

    Award criteria may be refined under section 24.

    Act · section 20

  1. The buyer may cap the number of suppliers, generally or for a round.

    Act · section 20

  2. Award criteria may be refined under section 24.

    Act · section 20

  3. By conditions of participation or an intermediate assessment of tenders.

    Act · section 20

  4. Suppliers that did not tender in the first round, or were excluded, cannot rejoin.

    Act · section 20

How do you plan a bid through a competitive flexible procedure?

Map every round, gate and deadline the buyer has set before planning the effort.

  1. Start with the source01

    Read the tender notice

    Find the procedure description, stages and time limits.
  2. Define the scope02

    Clear participation

    Answer the conditions of participation that decide who goes forward.
  3. Read the evidence03

    Plan each round

    Note what each round assesses and where shortlisting can exclude you.
  4. Make the decision04

    Prepare for negotiation

    Decide in advance what can move on price, scope and terms.
  5. Name the next action05

    Review at every gate

    Record whether to continue or withdraw, with reasons and an owner.

A supplier’s review sequence, based on the primary sources below. It is not a measured outcome or a prescribed buyer timetable.

What does a typical competitive flexible procedure look like?

Commonly a participation stage, then one or more tender rounds, sometimes with negotiation, then a final tender.

  1. Before you start01

    Use the current documents

    Check the primary publication and later changes before using the sequence below.
  2. Check 202

    Tender notice

    The buyer publishes a UK4 tender notice describing the procedure (notice types).
  3. Check 303

    Participation stage

    Suppliers request to participate and answer the conditions of participation, often in a procurement specific questionnaire.
  4. Check 404

    Tender rounds and negotiation

    Shortlisted suppliers submit initial tenders; the buyer may negotiate or run further rounds.
  5. Follow through05

    Final tender and award

    Assessed against the published award criteria to find the most advantageous tender.

An editorial order of work, not a buyer's fixed timetable. The current notice and documents determine participation and submission.

How long do suppliers get?

At least 25 days for most participation periods, and a tendering period set by the circumstances in section 54.

Circumstance (section 54)Minimum tendering period
Electronic submission, all documents provided with the notice25 days
Electronic submission, documents not all provided at once30 days
A qualifying planned procurement notice was published10 days
State of urgency10 days
Light touch contractNo minimum
Participation period (not urgent, not light touch)25 days
Procurement Act 2023, section 54, read 18 October 2026. Buyers must also consider complexity and site visits; read the actual dates in the notice.

How should a supplier approach it?

Read the procedure design first; it tells you where effort pays and where you can be cut.

  1. Before you start01

    Use the current documents

    Check the primary publication and later changes before using the sequence below.
  2. Check 202

    Map the rounds

    Note every stage, its deadline and what is assessed at each one.
  3. Check 303

    Clear the participation stage

    Conditions of participation are pass/fail or scored; failing ends your bid.
  4. Check 404

    Plan for negotiation

    Decide in advance what you can move on price, scope and terms.
  5. Follow through05

    Record the bid decision at each gate

    Continue or withdraw with reasons. Keep the decision with its evidence →

An editorial order of work, not a buyer's fixed timetable. The current notice and documents determine participation and submission.

The notice describes the procedure. Read it before you plan the bid.

  1. Two procedures

    Open is single stage; competitive flexible is designed by the buyer.
  2. Rounds can cut you

    Exclusion can follow conditions of participation or an intermediate assessment.
  3. Time limits vary

    Read section 54 and the notice, not a rule of thumb.
Find tenders using the competitive flexible procedure →

Open a notice and read its procedure section before deciding to take part.

What else should you know about Competitive flexible procedure?

Check these points before committing your team’s time.

What is the competitive flexible procedure?
Under section 20 of the Procurement Act 2023, it is any competitive tendering procedure other than the open procedure that the buyer considers appropriate. It can include shortlisting, several rounds and negotiation, and must be proportionate to the contract.
What is the difference between the open procedure and the competitive flexible procedure?
The open procedure is a single stage that any supplier can tender in. The competitive flexible procedure can have several stages, limit the number of suppliers and refine award criteria, as set out in the tender notice and documents.
Can a buyer negotiate in a competitive flexible procedure?
Yes, if the procedure the buyer describes includes negotiation. The Act leaves the design to the buyer, within the limits in section 20 and the duty to treat suppliers equally.
Can I join a competitive flexible procedure after the first round?
No. Section 20(4)(c) says it may not permit participation by suppliers that did not submit a tender in the first round or that were excluded in an earlier round.
Did the competitive flexible procedure replace competitive dialogue?
The Procurement Act replaced the old procedures, including competitive dialogue and the competitive procedure with negotiation, with the open procedure and the competitive flexible procedure. Procurements started under the old regulations continue under them. See the Cabinet Office guidance.

Where can you check the evidence?

Read the primary publication and the buyer’s current documents before acting.

SourceWhat it supports
Procurement Act 2023, section 20 ↗Competitive tendering procedures, read 18 October 2026.
Procurement Act 2023, section 54 ↗Minimum participation and tendering periods.
Guidance: competitive tendering procedures · Cabinet Office ↗How buyers design and run each procedure.
Find a Tender · notice types ↗The UK4 tender notice.
Follow the current primary publication for its scope and any later changes. Calculators use your inputs, not measured savings.
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