UK procurement: competition and notices Q&A

Question 1

What are the two competitive tendering procedures under the Procurement Act?

Accepted Answer

They are the open procedure and the competitive flexible procedure.

An open procedure allows any interested supplier to submit a tender in a single stage.

A competitive flexible procedure lets the authority design another appropriate competition, potentially with several stages.

Both remain subject to the Act’s requirements, including transparency and proportionality.

The name of the procedure is therefore only the starting point; bidders must read the published stages, selection rules and timetable.

Question 2

Is the competitive flexible procedure an unrestricted right to change the competition?

Accepted Answer

No. The flexibility concerns designing an appropriate procedure within the Act.

The authority must still meet applicable requirements on transparency, proportionality, equal treatment, time periods and evaluation.

Negotiation, demonstrations or shortlisting should be understood from the tender documents.

A bidder should request clarification if the published process does not explain a material stage.

Flexibility does not mean that an evaluator can introduce undisclosed criteria or privately offer one supplier a different route.

Question 3

Can the competitive flexible procedure include negotiation?

Accepted Answer

Yes. Official guidance identifies negotiation, dialogue, demonstrations and presentations as possible components.

The authority should explain the planned process in the procurement documents, including whether negotiation is intended.

Prepare the commercial boundaries, decision authority and evidence needed for those stages rather than treating them as informal sales meetings.

A supplier should not assume negotiation will be available after submitting a non-compliant tender unless the published procedure lawfully provides for the relevant opportunity.

Question 4

Can a buyer assess a demonstration or presentation during a competition?

Accepted Answer

Yes, where the procedure provides for it. The guidance says the assessment must be objective and follow the award criteria and methodology.

Treat a demonstration as evidence of the proposed service or system, including any stated constraints, rather than a chance to add undocumented promises.

Confirm which aspects are evaluated and who may attend.

Align the presentation with the submitted solution so the buyer receives a consistent and deliverable offer.

Question 5

Does the Act still contain a separate restricted procedure?

Accepted Answer

The Act replaces several previously named procedures with the competitive flexible procedure.

An authority can design a process that resembles a previous restricted or dialogue approach where it is appropriate and complies with the Act.

Legacy procurements can still use earlier legislation under the transitional rules.

For a new competition, read the legal basis and published stages instead of deciding the requirements solely from an informal label used in a procurement schedule.

Question 6

Can a public contract be awarded without a competition?

Accepted Answer

Yes, but a direct award of an in-scope public contract needs an applicable legal justification, such as one available through the relevant provisions of sections 41 to 43 and Schedule 5.

It is not a general option merely because a buyer likes a supplier or wants to avoid administration.

A transparency notice is generally required, with an exception for qualifying user choice contracts.

The grounds, notice duties and standstill exceptions must be checked for the actual circumstances.

Question 7

What does a transparency notice tell a supplier?

Accepted Answer

For a proposed direct award under the Act, the transparency notice explains the authority’s intention and the justification for using that route.

It creates an opportunity for interested suppliers to understand and consider the decision, rather than functioning as a standard invitation to submit competing tenders.

Read the notice’s purpose before allocating bid-writing resources.

If the justification appears problematic, act promptly because legal challenge deadlines can depend on when relevant information became known.

Question 8

Does a tender notice always invite a full priced response immediately?

Accepted Answer

No. In an open procedure it invites tenders, but in a competitive flexible procedure it may invite requests to participate or the first tender stage.

Follow the stated submission requirement and deadline.

Sending a full proposal when only participation evidence is requested can waste effort and may fail to address the actual stage.

Build the schedule around the documented gates, with separate owners for qualification material, solution development and later commercial submissions.

Question 9

Can an authority limit the number of suppliers progressing to later stages?

Accepted Answer

A competitive flexible procedure can include a participation stage or other lawful reduction in numbers using the published objective criteria.

The authority must explain the approach in the tender notice or associated documents.

A supplier should identify whether the stage is a threshold check or a competitive ranking and prepare evidence accordingly.

Passing the minimum requirements may not be enough to progress where a lawful, disclosed shortlist mechanism selects a smaller number of suppliers.

Question 10

Are framework call-offs run under the same procedure rules as a new open competition?

Accepted Answer

Call-offs are awarded under the framework provisions and its terms, rather than automatically following the competitive tendering provisions for a fresh public contract competition.

A competitive selection process may still be required.

Read the framework’s permitted customers, scope, supplier selection and pricing rules alongside the invitation.

Do not assume that a familiar mini-competition document creates freedom to negotiate or change the framework’s essential conditions beyond what the legal arrangement permits.

UK procurement: competition and notices Q&A

What are the two competitive tendering procedures under the Procurement Act?＋

Is the competitive flexible procedure an unrestricted right to change the competition?＋

Can the competitive flexible procedure include negotiation?＋

Can a buyer assess a demonstration or presentation during a competition?＋

Does the Act still contain a separate restricted procedure?＋

Can a public contract be awarded without a competition?＋

What does a transparency notice tell a supplier?＋

Does a tender notice always invite a full priced response immediately?＋

Can an authority limit the number of suppliers progressing to later stages?＋

Are framework call-offs run under the same procedure rules as a new open competition?＋