Open Procedure Procurement Law 2026

Open procedure in procurement law: standard procedure in the above-threshold area in which bids can be submitted without limit. Art. 27 Directive 2014/24/EU.

Definition: The open procedure is the procedure type of the public tender in which the contracting authority publicly invites an unlimited number of companies to submit bids, without prior selection or restriction of the number of participants.

Last updated: January 2026 · Legal basis: Art. 27 Directive 2014/24/EU, §§ 105 et seq. BVergG 2018, § 15 VgV

What is the open procedure?

The open procedure is the standard procedure type of the above-threshold area provided for in EU procurement law, in which an unlimited number of companies may submit bids in response to a public notice. It is regulated in Art. 27 of Directive 2014/24/EU and represents the most transparent form of award. Any interested company that meets the requirements of the tender can submit a complete bid – without prior application or selection by the contracting authority. The open procedure is single-stage: the submission of bids and the suitability check take place in a single step.

Due to its openness and transparency, the open procedure is the most frequently used procedure in EU public procurement and in Austrian and German procurement law.

Purpose and significance

The open procedure maximises competition by reducing market access barriers for potential bidders to a minimum, thus promoting the most efficient use of public funds. Every suitable company – regardless of size, origin or prior relationship with the contracting authority – has the same chance to participate in the competition. This is an expression of the fundamental principles of procurement law: transparency, equal treatment, non-discrimination and competition (Art. 18 Directive 2014/24/EU).

For small and medium-sized enterprises (SMEs), the open procedure is particularly important, as they do not need a personal invitation to participate in public tenders.

Course of the procedure

The open procedure is structured in a clearly defined, statutorily prescribed sequence of procedural steps that guarantees equal treatment and verifiability.

Step 1: Preparation of the procurement documents

The contracting authority prepares the complete procurement documents, consisting of notice, specifications, contractual terms and suitability and award criteria. The documents must already be complete and clear when published.

Step 2: Publication of the notice

The notice is published in the Supplement to the Official Journal of the EU (TED notice). From this point in time, the statutory minimum deadlines begin to run. The procurement documents must be electronically and freely accessible.

Step 3: Submission of bids

Companies submit their complete bids by the expiry of the bid deadline. In the open procedure, the bids contain both suitability evidence and the actual bid (price, technical concept, etc.).

Step 4: Examination and evaluation

The contracting authority first checks the formal regularity of the bids, then the suitability of the bidders and finally the substantive quality and price on the basis of the predetermined award criteria.

Step 5: Award and notification

The award is given to the most economically advantageous tender. All bidders are informed of the result. The standstill period (at least 15 days) enables unsuccessful bidders to challenge the result before contract conclusion.

Deadlines in the open procedure

Directive 2014/24/EU sets binding minimum deadlines that guarantee bidders sufficient time to prepare their bids.

Situation	Bid deadline
Standard case	35 days from dispatch of the notice
With prior information notice (Article 48)	15 days (if prior information at least 35 days before notice)
Electronic availability of documents	30 days (reduction by 5 days possible)
Urgency (proven urgency)	15 days

The deadlines generally begin on the day of dispatch of the notice to the EU Publications Office, not only on the day of publication in TED.

Suitability and award in the open procedure

In the open procedure, the contracting authority examines suitability and bid in a single, single-stage procedure – a key difference from the restricted procedure.

The suitability criteria concern the economic and financial standing as well as the technical and professional ability of the bidder (Art. 58 Directive 2014/24/EU). They serve to select qualified companies, but must not restrict competition disproportionately.

The award criteria determine which bid wins the contract. Decisive is always the most economically advantageous tender in terms of the best price-quality ratio (Art. 67 Directive 2014/24/EU). An award solely on the basis of the lowest price remains permissible under certain conditions.

Legal basis

The open procedure is primarily regulated in Art. 27 of Directive 2014/24/EU and specified by the national transposition laws.

Art. 27 Directive 2014/24/EU – Open procedure (EU-law basic norm)
Art. 18 Directive 2014/24/EU – Principles of procurement
Art. 67 Directive 2014/24/EU – Award criteria
Art. 48 Directive 2014/24/EU – Prior information notices (deadline reduction)

National transposition

Austria (BVergG 2018)

In Austria, the open procedure is regulated in §§ 105 et seq. of the Federal Procurement Act 2018 (BVergG 2018) and corresponds to the European standard of unrestricted publicity. The BVergG 2018 distinguishes between the open procedure in the above-threshold area (§§ 105 et seq.) and the "open tender" in the below-threshold area (§§ 36 et seq.), which is designed as a simplified variant with shorter deadlines. The notice in the above-threshold area must be published via TED. Austria also prescribes the electronic submission of bids (e-procurement).

Germany (GWB / VgV)

In Germany, the open procedure is regulated in § 15 of the Procurement Regulation (VgV), which was adopted on the basis of § 113 GWB. § 15 VgV transposes Art. 27 of Directive 2014/24/EU verbatim and sets the bid deadline at a minimum of 35 days. For works, the public tender pursuant to § 3 para. 1 VOB/A applies as the equivalent procedure type in the above-threshold area. In the below-threshold area, the UVgO also recognises a public tender (§ 9 UVgO) with a national notice obligation, but without the TED obligation.

Distinction from the restricted procedure

Feature	Open procedure	Restricted procedure
Number of bidders	Unlimited	Limited (at least 5)
Stages	Single-stage	Two-stage (request to participate + bid)
Pre-selection	None	Yes (suitability check in advance)
Use case	Standard	Where complexity or confidentiality
Deadlines	Min. 35 days	30 days (participation) + 30 days (bid)

Related terms

FAQ

When is the open procedure mandatory? In the above-threshold area, the open procedure is the standard procedure. It must be applied if there is no particular reason for another procedure (e.g. negotiated procedure).

Can the contracting authority exclude bidders in the open procedure? Yes. The contracting authority can and must exclude bidders who do not meet the suitability criteria, have a mandatory ground for exclusion (e.g. final conviction for corruption) or whose bids are formally not in order.

How long does an open procedure take in practice? Including preparation time, minimum deadline (35 days), examination and standstill period, a period of at least 3–4 months is to be expected. For complex procurements, it can take significantly longer.

Can the 35-day deadline be extended? Yes, on application or where bidders have not received the complete documents for justified reasons. The extension is regulated in Art. 27 para. 4 Directive 2014/24/EU.

Does the open procedure also apply to sector contracting authorities? The open procedure for sector contracting authorities (utilities, etc.) is regulated in Art. 45 of Directive 2014/25/EU and has comparable content.

Last updated: January 2026 All information without guarantee. For legally binding information, please consult a law firm specialising in procurement law.