Types of Procurement Procedure 2026

Types of procurement procedure: overview of open, restricted and negotiated procedures and special formats under EU and national law.

Definition: Types of procurement procedure denote the different procedural formats by which contracting authorities can put services out to tender, with the choice of procedure depending on the contract value, the type of service and the statutory requirements.

Last updated: January 2026 · Legal status: Directive 2014/24/EU Art. 26–32, BVergG 2018 §§ 25–60, GWB §§ 119–121, VgV §§ 14–17

Overview: types of procurement procedure

Public procurement law recognises a variety of procedure types that differ in openness, stages and scope for negotiation. Choosing the right procedure is one of the most important decisions in any tender: an incorrect choice may render the entire procedure challengeable.

Open procedure

The open procedure is the most transparent and most widely used format, in which an unlimited number of undertakings may submit a tender. It is the standard procedure above thresholds. All interested undertakings receive unrestricted access to the procurement documents and may submit a tender. There is no pre-selection of tenderers.

Restricted procedure

In the restricted procedure, the contracting authority first selects a limited number of suitable undertakings in a pre-selection stage (call for competition) and subsequently invites these undertakings to submit tenders. Above thresholds, at least five candidates must be invited. It is admissible where the contracting authority announces it in the contract notice; in EU procedures there is no special duty to give reasons.

Negotiated procedure

The negotiated procedure allows the contracting authority to negotiate the content of tenders with the bidders. It is admissible only under statutorily defined conditions (e.g. for complex contracts where specifications cannot be defined in advance, or after an unsuccessful open procedure). The negotiated procedure may be conducted with or without prior publication of a contract notice.

Competitive dialogue

The competitive dialogue is a special procedure for particularly complex contracts where the contracting authority cannot define its needs comprehensively in a specification in advance. It has three stages: notice – dialogue with selected participants to develop the solution – submission of tenders based on the developed solution.

Innovation partnership

The innovation partnership is a special format that combines the development of an innovative product or service and its subsequent procurement in a single procedure. It is suitable where no appropriate solution is available on the market and the contracting authority wishes to develop and then procure a new solution.

Direct award / Negotiated procedure without prior publication

The direct award is the simplest form of procurement, in which the contracting authority awards a contract without prior publication or competition directly to one undertaking. It is permitted only under narrow statutory conditions (e.g. very low contract values or genuine exceptional urgency).

National specifics

In Austria (BVergG 2018) and Germany (UVgO, VOB/A), simplified procedure types are available below thresholds, including the restricted tender without prior call for competition and direct award procedures.

FAQ

Which procedure type is the most common? In the EU-wide above-thresholds regime, the open procedure is the most common type. Below thresholds, the restricted tender dominates.

Is the contracting authority free to choose the procedure type? No. The procedure type must meet the statutory conditions. The open procedure has priority; other procedure types require specific statutory grounds.

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