Reg. 27 (PCR 2015)
Open procedure
In: Define > Sourcing strategy
Overview
This regulation sets out the rules which apply to open procedure procurements, a type of procedure that permits any interested supplier to submit a tender in response to a call for competition. The regulation also sets out the rules regarding the minimum time limit that a contracting authority may set for the receipt of tenders under this procedure, which vary depending on the circumstances.
Objective at this commercial stage
Consideration is given as to whether the single stage open procedure is an appropriate procurement approach; by reference to the nature of the contract, its complexity and anticipated number of bidders.
Key considerations at this commercial stage
Contracting authorities should:
- adopt the open procedure only where the contracting authority is prepared to accept and evaluate a tender from each interested supplier, given that there is no ability to incorporate a standalone selection stage in order to reduce the number of interested suppliers before inviting the submission of tenders
- ensure the time limit for receipt of tenders complies with the minimum periods set out in this regulation (i.e. regulation 27), including any time period shortened as a result of the publication of a prior information notice (PIN) or a state of urgency.
Legal framework
See also in the Procurement Act 2023:
- Section 20: Competitive tendering procedures
- Section 54: Time limits
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
