Types of Procurement Procedures 2026 – Overview of All Procedural Forms

Overview of types of procurement procedure: Open procedure, restricted procedure, negotiated procedure, competitive dialogue and innovation partnership explained.

Definition: Types of procurement procedure (also: procedural forms) are the statutorily defined forms in which public contracting authorities may tender and award contracts under procurement law; they differ with regard to the number of bidders admitted, the degree of publicity, the possibilities for negotiation and the conditions for their use.

Last updated: January 2026 · Legal status: §§ 119 et seq. GWB, §§ 14 et seq. VgV, Art. 26 et seq. Directive 2014/24/EU, BVergG 2018

What are the types of procurement procedure?

The choice of procedure is one of the first and most fundamental decisions in a procurement procedure – it largely determines how many undertakings can participate in the competition and how much flexibility the contracting authority has in shaping the procedure. European procurement law provides for several types of procedure, each subject to specific conditions. The default is the open procedure; other types may be used only under conditions defined by law.

Types of procedure in the above-threshold area

Open procedure

The open procedure is the standard type of procedure in the above-threshold area: any interested undertaking may submit a bid. There is no pre-selection of bidders. The contracting authority publishes a notice (EU-wide via TED), makes the procurement documents available, and evaluates all bids received against the pre-defined criteria. The open procedure offers maximum transparency and the widest competition.

Restricted procedure

The restricted procedure is a two-stage procedure: in a first step (call for participation) candidates are selected; only these are then invited to submit bids in the second step. It is admissible where the conditions of § 15 VgV are met. The number of candidates invited must be at least five (§ 51 VgV). The restricted procedure enables suitable undertakings to be pre-selected and thus reduces the effort for both the contracting authority and the bidders.

Negotiated procedure with prior publication

In the negotiated procedure with prior publication, the contracting authority negotiates with selected bidders about the content of their bids, prices and conditions. It is admissible where the requirements cannot be described precisely enough for an open procedure to be meaningful – for example, in innovative or complex procurements. At least three bidders must be invited to submit bids.

Negotiated procedure without prior publication

The negotiated procedure without prior publication – the most direct form of award – is admissible only in exhaustively defined exceptional cases (§ 14(4) VgV), for example in cases of extreme urgency, technical exclusivity, or after an unsuccessful prior procedure. This exception must be construed narrowly.

Competitive dialogue

The competitive dialogue is a multi-stage procedure for particularly complex procurements in which the contracting authority can define its needs but cannot specify the technical or legal solution in advance. It conducts a dialogue with selected bidders on the basis of which the procurement documents are drawn up. Typical use cases: large infrastructure projects, complex IT systems, PPP projects.

Innovation partnership

The innovation partnership is a special procedure for the joint development of innovative supplies, works or services that are not yet available on the market. It comprises a research and development phase and, optionally, a subsequent procurement phase. This procedure was newly introduced by the 2016 procurement law reform.

Types of procedure in the sub-threshold area

In the sub-threshold area, the UVgO (supplies and services) and VOB/A Section 1 (construction works) apply in Germany. The types of procedure are:

Type of procedure	Short name	Competition
Open invitation to tender	Open procedure	unrestricted
Restricted invitation to tender with call for participation	Two-stage	restricted with call
Restricted invitation to tender without call for participation	Restricted	targeted selection
Negotiated award with call for participation	Negotiation	restricted with call
Negotiated award without call for participation	Single-source negotiated	targeted direct request
Direct award	Direct commissioning	no competition

Choosing the right type of procedure

The choice of procedure must be documented and substantiated in parallel with the procedure. For standard cases, the open procedure or the open invitation to tender applies. If another type is to be chosen, the contracting authority must check whether the statutory conditions are met and must record this in the procurement files.

Related terms

FAQ

Which type of procedure is the most common? The open procedure (open invitation to tender) is by far the most common type of procedure in the above-threshold area, as it ensures the strongest competition and requires the least justification.

Can the contracting authority freely choose between the types of procedure? No. The open procedure is the rule. Other types require the existence of statutorily defined conditions.

Are there types of procedure specifically for IT procurement? No, there are no IT-specific types of procedure. For complex IT systems, negotiated procedures or competitive dialogue may be considered.

What is the difference between an open invitation to tender and a direct award? With an open invitation to tender, the contract is publicly announced and any undertaking may submit a bid. With a direct award, an undertaking is commissioned directly without competition – admissible only for very small contracts or in statutorily defined exceptional cases.

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