Procurement Procedures

Open Procedure

The open procedure is the most commonly used procurement method in Finland and the EU. It allows any interested economic operator to submit a tender in response to a contract notice. There is no pre-selection phase, making it the most transparent of all procurement procedures.

Definition

The open procedure is a procurement method where all interested suppliers may submit tenders in response to a published contract notice. The contracting authority evaluates all tenders received against the published selection and award criteria. There is no pre-qualification or shortlisting stage. It is governed by Section 32 of the Finnish Public Procurement Act (1397/2016) and Article 27 of Directive 2014/24/EU.

Legal Reference

Public Procurement Act (1397/2016), Section 32

View on Finlex

Practical Example

A Finnish municipality needs to procure IT services worth EUR 300,000. It publishes a contract notice on Hilma and TED, setting a minimum 30-day tender submission period. All interested suppliers submit their tenders, which are then evaluated based on the published award criteria.

Common Mistake

Bidders sometimes confuse the open procedure with a free-form process. In reality, all requirements and criteria must be strictly followed, and late submissions are automatically rejected.

Frequently Asked Questions

What is the minimum time limit for submitting tenders in an open procedure?

For EU-level procurements, the minimum time limit is 30 days from the date the contract notice is sent to TED. This can be reduced to 15 days if a prior information notice was published or if electronic submission is accepted.

Can a contracting authority negotiate with bidders in an open procedure?

No. The open procedure does not allow negotiation. The contracting authority must evaluate tenders as submitted. If clarifications are needed, they must be requested equally from all bidders without altering the substance of the tender.

Is the open procedure mandatory for public procurement in Finland?

No, it is not mandatory, but it is the default and most commonly used procedure. Contracting authorities may choose other procedures only when specific legal conditions are met.

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