Competitive flexible procedure
The competitive flexible procedure lets a UK buyer design its own multi-stage tender, with shortlisting, dialogue or negotiation. How it runs and how to prepare.
Updated on September 5, 2026
The competitive flexible procedure is the second of the two award routes for above-threshold contracts under the Procurement Act 2023. Unlike the open procedure, it lets the contracting authority design the competition itself: as many stages as the requirement needs, with shortlisting, dialogue, negotiation, demonstrations or prototypes along the way.
How it works
It replaced the old restricted, competitive dialogue, competitive procedure with negotiation and innovation partnership routes in one flexible instrument. The buyer must describe the procedure it intends to run in the tender notice and the associated documents, including the stages, what happens at each one and any limit on how many suppliers go forward.
The classic shape remains two rounds. First, a selection stage: suppliers submit evidence against the conditions of participation, with exclusion grounds and core company data declared through the supplier information service on the central digital platform. The buyer excludes anyone who fails a condition and ranks the rest to produce the shortlist. Second, the shortlisted suppliers receive the full tender documents and an invitation to tender, and their tenders are scored against the published award criteria.
The Act applies from the Schedule 1 thresholds, which since 1 January 2026 stand at £135,018 for central government goods and services, £207,720 for other authorities and £5,193,000 for works, all including VAT (verified 2026-09-05, PPN 023 and SI 2025/1200). Ireland and Scotland have not adopted the Act: they continue to use the restricted procedure, competitive dialogue and competitive procedure with negotiation, and a restricted procedure shortlist there must normally contain at least five candidates.
What it means for a bidder
The first round tests what you have done, not what you would charge. The selection submission has to be faultless: recent and comparable contracts, headcount, accreditations, insurance and financial statements up to date. A smaller firm without directly equivalent references can put forward adjacent work or join a consortium to close the gap.
Getting shortlisted guarantees nothing, but it narrows the field to a handful of bidders, which is exactly when it is worth investing in the quality submission. Read the notice carefully to see whether the later stages allow negotiation: if they do, plan your concessions in advance rather than improvising.
Example
A county council runs a two-stage competitive flexible procedure for lift maintenance across its schools, worth about £1.1 million including VAT over four years. Eight suppliers apply; five are shortlisted on references and standby cover. A thirty-employee regional firm, shortlisted thanks to a manufacturer partnership, tenders and wins on response time.
Frequently asked questions
How many suppliers are shortlisted?
Whatever the tender notice says. The Act sets no statutory minimum, so read the notice; in Ireland the restricted procedure minimum of five still applies.
Can I add a missing document after the deadline?
Only if the buyer asks for it, and it must then treat every supplier the same way. Do not rely on it: submit a complete response.
Why choose this over the open procedure?
To limit the number of tenders to evaluate on technical requirements, or to build in negotiation or dialogue where the solution is not fully defined at the outset.