Guide
The competitive flexible procedure explained
Under the Procurement Act 2023 a buyer either runs a simple open competition or designs its own. The second, the competitive flexible procedure, can look like almost anything: a two-stage shortlist, rounds of negotiation, a dialogue to shape the requirement, a demonstration day. Here is what the law allows, what it does not, and what that means when you are bidding.
Last checked: 7 October 2026
What the law says
A competitive tendering procedure is either an open procedure, “a single-stage tendering procedure without a restriction on who can submit tenders”, or a competitive flexible procedure: “such other competitive tendering procedure as the contracting authority considers appropriate for the purpose of awarding the public contract” (Procurement Act 2023, section 20). Either must be a proportionate way to award the contract, given its nature, complexity and cost.
A competitive flexible procedure:
- may limit the number of suppliers, overall or in particular rounds, for example by shortlisting after a first stage;
- may refine the award criteria before final tenders, if the tender documents allowed for it (section 24);
- may not let in new suppliers who did not tender in the first round, or who were excluded in an earlier round.
Suppliers can be removed along the way by conditions of participation, by an intermediate assessment of tenders against the award criteria, or because they are not a United Kingdom or treaty state supplier. The tender notice must set out how the procedure will run, including how the number of suppliers will be limited.
What it replaced
The government's guidance on competitive tendering procedures says it “replaces many of the previous more prescriptive procedures”: there is no longer a restricted procedure, competitive procedure with negotiation or competitive dialogue, “but it is possible to adopt a similar approach in practice”. The guidance illustrates several designs:
| Design | What it looks like for a supplier |
|---|---|
| Two stages | Meet the conditions of participation, get shortlisted, then tender. The nearest thing to the old restricted procedure |
| Several rounds with negotiation | Initial tenders, discussion with the buyer to improve them, then final tenders |
| Dialogue to develop the requirement | Shape the solution with the buyer before anyone tenders on it |
| Innovation or development | Research, a prototype or a demonstration before the main award, similar to the old innovation partnership |
| No separate participation stage | Everyone tenders, with the buyer narrowing the field between rounds |
Negotiation, in the guidance's words, is “the discussion between the contracting authority and a supplier with a view to improving the content of tenders”. It must still treat every supplier equally (section 12).
Refining the award criteria
A buyer may refine its award criteria and their weightings before inviting final tenders, if the tender notice or documents said it might. It cannot do so in a way that would have let an eliminated supplier through, and it must republish the documents (section 24). The guidance adds that adding new award criteria is not allowed: refining means more detail, sub-criteria or changed weightings.
Time limits
| Stage | Minimum |
|---|---|
| Request to participate | 25 days (10 in urgency) |
| Tenders, electronic with all documents at the start | 25 days |
| Tenders, other cases | 30 or 35 days |
| After a qualifying planned procurement notice, or in urgency | 10 days |
| Shortlisted suppliers only, buyers outside central government and utilities | 10 days, or as agreed with the suppliers |
Calendar days, from section 54. The guidance warns buyers that short deadlines may limit SME participation.
What it means when you bid
- Read the tender notice for the design. It must say how the procedure will run: the stages, how suppliers will be shortlisted and whether criteria may be refined.
- Respond at the first stage. You cannot join later. If you are unsure about the opportunity, the first stage is usually the lighter one.
- Treat each round as scored. An intermediate assessment can knock you out, so an early outline tender deserves the same care as the final one.
- Prepare for negotiation or dialogue. Know what you can flex on price, scope and risk before you are in the room, and who can agree it.
- Watch for refined criteria. If the buyer refines the criteria or weightings before final tenders, rework your answers to match.
- Ask clarification questions. A designed procedure leaves more room for ambiguity. Answers go to every bidder.
Open or flexible?
The open procedure is one stage in which everyone tenders, which suits straightforward requirements. The competitive flexible procedure exists for contracts where a buyer needs to shortlist, negotiate or develop the requirement with the market. The Procurement Act 2023 summary covers the other changes, and the glossary the new terms.
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Common questions
Competitive flexible procedure
What is the competitive flexible procedure?
One of the two ways a buyer can run a competition under the Procurement Act 2023. Unlike the single-stage open procedure, the buyer designs it to suit the contract: it can shortlist suppliers, run several rounds, negotiate, hold dialogue or demonstrations, and refine its award criteria before final tenders, as long as the design is proportionate and set out in advance.
What did the competitive flexible procedure replace?
The restricted procedure, the competitive procedure with negotiation and competitive dialogue from the Public Contracts Regulations 2015. Government guidance says those no longer exist, but a buyer can adopt a similar approach as part of a competitive flexible procedure.
Can new suppliers join a competitive flexible procedure after the first round?
No. The Act says it may not allow suppliers to take part if they did not submit a tender in the first round of tendering, or if they were excluded in an earlier round. If you want the work, respond at the first stage.
How long do I get to respond in a competitive flexible procedure?
At least 25 days to request to participate, or 10 in urgency. Tender periods are at least 25 days for electronic tenders with all documents provided at the start, longer otherwise, and can be shorter after a planned procurement notice, in urgency, or, for buyers outside central government, where only shortlisted suppliers may tender.