Under the 2023 rules, the familiar EU process options (Open, Restricted, Competitive Dialogue, etc.) have been streamlined. Now you generally decide between: Open Procedure and Competitive Flexible Procedure.

Both procedures must ultimately result in awarding to the “most advantageous tender” – i.e. the best overall bid according to your stated award criteria​. The difference lies in how you get to that point (single step vs multiple steps).

• Open is straightforward but limited to evaluating whatever bids come in
• Competitive Flexible lets you interact with bidders and shape solutions, which can be very beneficial for achieving net zero outcomes (for instance, encouraging bidders to propose innovative methods to cut carbon).

Open Procedure

The open procedure is a single stage procedure where there is no restriction on who can submit tenders and all information needs to be provided at the point of tender and is made available to all suppliers.

Single-stage process

• The open procedure allows anyone to submit a tender (no restrictions).
• All relevant information must be provided upfront by bidders.

An Open Procedure means that any organisation can respond to the advertised Contract Notice, request/download the procurement documents and submit a tender. All tenders must be evaluated in line with the methodology and criteria set out in the procurement documents.

The open procedure is best used where the requirements are straightforward, with a relatively simple selection and award process, and where it is anticipated that only a small number of organisations will respond to the advertised contract notice.

❓ This procurement route is most commonly used for the purchase of goods where the requirement can be clearly defined and the buyer is seeking the least expensive supplier.

Competitive Flexible Procedure

Under the 2023 Act, the Competitive Flexible Procedure is very versatile.

The Act lets you decide how many phases and what methods to use (e.g. multiple negotiation rounds, solution presentations, etc.), as long as the process stays competitive and transparent.

Best practice is to outline the intended procedure in your initial tender notice (e.g. “Phase 1: submit outline solutions; Phase 2: competitive dialogue with shortlisted bidders; Phase 3: final tender submission”).

You can use selection criteria in early phases to winnow the field – for example, require bidders to demonstrate relevant renewable energy experience to make a shortlist – and then use award criteria to pick the winner in the final phase.

There are no minimum timescales mandated by law for the flexible procedure stages (unlike the old EU rules)​, but you must set reasonable time limits that give all participants a fair chance. Make sure any deadlines or interim steps are the same for everyone and proportionate to the task (e.g. give adequate time if you expect bidders to prepare detailed carbon calculations).

Framework Agreements and Dynamic Markets 

Two key mechanisms are Framework Agreements and Dynamic Markets (an evolution of the Dynamic Purchasing System concept). Understanding these can help you efficiently source goods and services that contribute to net zero goals through longer-term arrangements.

Framework Agreements

A framework is basically an agreement with one or multiple suppliers establishing terms (like price or quality standards) for future call-off contracts, without committing to buy a specific amount upfront. Frameworks are handy when you need a ready supply of certain products or services over time – for example, a framework for electric building materials or for cycle lane construction services, from which you draw down as projects arise. Under the new Act, frameworks are still allowed with largely similar rules, but pay attention to any updated limits or conditions

Dynamic Markets

A Dynamic Market (DM) is a new concept replacing and expanding the idea of Dynamic Purchasing Systems. Like a DPS, a Dynamic Market is an electronic system you can establish for a certain category of procurement where new suppliers can join at any time if they meet the criteria​

It’s like maintaining a continuously open framework. This is excellent for areas where the supplier landscape or technology is rapidly changing – for instance, a dynamic market for energy efficiency solutions could allow new start-ups with breakthrough tech to join when they emerge, rather than waiting years for the next tender.

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