procurement procedures - procure-project/EU-Contract-Hub GitHub Wiki

Procurement Procedures Guide

Overview

Procurement procedures are the structured processes that contracting authorities must follow when awarding public contracts. EU directives define several procedures, each with specific requirements and conditions for use.

The choice of procedure depends on various factors including the contract value, complexity, subject matter, and specific circumstances of the procurement.

Standard Procedures

Open Procedure

A single-stage procedure where any interested economic operator may submit a tender.

Key characteristics:

  • All interested suppliers may bid directly
  • No pre-qualification or shortlisting phase
  • Evaluation based on submitted tenders only
  • Minimum time limit: 35 days (standard), 30 days (electronic)

When to use:

  • Straightforward requirements
  • Well-defined specifications
  • Competitive market with many suppliers
  • No need to limit number of tenderers

Example: A municipality procuring office supplies would use an open procedure since specifications are clear and many suppliers can fulfill the requirements.

Restricted Procedure

A two-stage procedure where suppliers are first pre-qualified, then invited to tender.

Key characteristics:

  • Initial selection phase based on qualifications
  • Only selected candidates invited to tender
  • Minimum 5 candidates must be invited (if available)
  • Time limits: 30 days for requests to participate, 30 days for tenders

When to use:

  • Complex requirements needing qualified suppliers
  • Many potential bidders, need to limit numbers
  • Evaluation criteria require detailed assessment
  • Resources limited for evaluating many tenders

Example: For procurement of specialized medical equipment, a hospital might use a restricted procedure to first verify suppliers' technical capabilities before evaluating detailed tenders.

Special Procedures

Competitive Procedure with Negotiation

A multi-stage procedure allowing negotiation with bidders to improve initial tenders.

Key characteristics:

  • Initial selection of qualified candidates
  • Submission of initial tenders
  • Negotiation phase to improve offers
  • Final tenders submitted after negotiations
  • Minimum 3 candidates must be invited (if available)

When to use:

  • Requirements cannot be fully specified upfront
  • Innovative or complex solutions needed
  • Technical specifications difficult to formulate
  • Legal or financial structure requires adjustment

Competitive Dialogue

A structured dialogue with selected candidates to develop suitable solutions before inviting final tenders.

Key characteristics:

  • Initial selection based on qualifications
  • Dialogue phase to develop solutions
  • Final tenders based on identified solutions
  • Minimum 3 candidates must be invited (if available)
  • Possibility to clarify and optimize final tenders

When to use:

  • Particularly complex contracts
  • Inability to define technical specifications in advance
  • Need for innovative solutions
  • Multiple possible approaches to meet needs

Example: A city developing an integrated transportation system might use competitive dialogue to explore different technological and operational approaches from various providers before finalizing specifications.

Innovation Partnership

A procedure designed to develop innovative products, services, or works not available on the market.

Key characteristics:

  • Selection of partners based on capabilities
  • Structured development process in phases
  • Possibility to terminate partnership at milestones
  • Subsequent acquisition without further competition
  • Research and development leading to commercial solution

When to use:

  • Need for innovative solution not available on market
  • Research and development required
  • Long-term collaborative relationship beneficial
  • Structured development with performance targets

Exceptional Procedures

Negotiated Procedure without Prior Publication

Direct negotiation with one or more suppliers without prior advertisement.

Permitted only in specific circumstances:

  • Extreme urgency due to unforeseeable events
  • Only one possible supplier (technical/artistic reasons)
  • Additional deliveries from original supplier
  • Repetition of similar works/services (within 3 years)

Key requirements:

  • Strict justification required
  • Cannot be used to avoid competition
  • Must document reasoning thoroughly
  • Limited to essential elements

Example: Following severe storm damage to critical infrastructure, a public authority might use this procedure to engage repair services immediately when delays would cause significant public safety risks.

Design Contest

A procedure to acquire a plan or design through a competition judged by a jury.

Key characteristics:

  • Anonymous submission of designs
  • Independent jury evaluation
  • Prizes or payments to participants
  • Possibility to award subsequent contract

When to use:

  • Architectural or urban planning projects
  • Graphic design or creative services
  • Need for innovative design concepts
  • Benefits from multiple creative approaches

Accelerated Procedures

Shortened versions of standard procedures in cases of urgency.

Key characteristics:

  • Reduced time limits for submission
  • Must be objectively justified
  • Same procedural steps as standard versions
  • Only available for open, restricted, and competitive procedures with negotiation

Justifiable circumstances:

  • Urgent situations making normal time limits impractical
  • Not attributable to the contracting authority
  • Could not have been foreseen
  • Not qualifying for negotiated procedure without publication

Framework Agreements

Not a procedure itself, but a procurement mechanism.

Key characteristics:

  • Agreement with suppliers establishing terms
  • Subsequent contracts awarded without readvertising
  • Maximum duration typically 4 years
  • Can use any of the main procedures to establish

Types:

  • Single-supplier frameworks
  • Multi-supplier frameworks with direct award
  • Multi-supplier frameworks with mini-competitions

References and Resources

For detailed information on procurement procedures, consult these official resources:

Related Wiki Pages