Definition
Competitive Flexible Procedure
The Procurement Act's design-your-own competitive process.
The competitive flexible procedure is a new, adaptable tendering route introduced by the Procurement Act 2023, allowing contracting authorities to design a procurement process with any number of stages, shortlisting rounds or negotiation steps suited to the specific requirement. It replaces the fixed set of procedures such as competitive dialogue and the competitive procedure with negotiation used under PCR 2015.
What makes it different
Rather than choosing from a small menu of prescribed procedures, buyers using the competitive flexible procedure set out their own process in the tender notice and associated documents, provided it complies with the Act's general principles of transparency, proportionality, non-discrimination and treating suppliers equally. This might include multiple shortlisting stages, dialogue or negotiation phases, or a mix of these tailored to the complexity of the requirement.
Because the structure is bespoke, there is no single standard timeline or set of stages that applies across every use of the procedure; suppliers must read the specific process design set out for each individual procurement rather than relying on prior experience of, say, competitive dialogue.
Why buyers might use it
The flexible procedure suits complex, innovative or high-risk requirements where the buyer is not certain at the outset exactly how the solution should be structured, and wants scope to refine the specification through negotiation or dialogue with bidders. It can also combine elements, such as an initial shortlisting stage followed by iterative negotiation on price and delivery model.
- No fixed number of stages; the buyer designs the process for the specific requirement
- Can include negotiation or dialogue elements similar to legacy procedures
- Must still comply with the Act's core principles and be described clearly upfront
- Particularly suited to complex services, major infrastructure or innovative solutions
What suppliers need to do differently
Because every competitive flexible procedure can look different, suppliers must carefully read the process description published with the tender notice rather than assuming a familiar structure. Key things to check include the number of stages, whether negotiation is permitted and on what terms, how the buyer will communicate changes to the specification during the process, and what is fixed versus negotiable.
Suppliers experienced with the old competitive dialogue or competitive procedure with negotiation should not assume identical rules apply; the flexible procedure gives buyers much wider discretion, so engaging early with any supplier questions or clarification process is particularly valuable here.
Frequently asked questions
- Has the competitive flexible procedure replaced competitive dialogue?
- Effectively yes for procurements run under the Procurement Act 2023; competitive dialogue and the competitive procedure with negotiation from PCR 2015 are no longer standalone named procedures, but buyers can replicate similar dialogue-based approaches within a competitive flexible procedure design.
- Does the flexible procedure mean fewer rules for buyers?
- No. Buyers still must comply with the Act's overarching principles, publish a clear description of the process they intend to follow, and cannot change the fundamentals of the process once it is underway in a way that disadvantages bidders unfairly.
- How should a supplier prepare for a competitive flexible procedure tender?
- Read the process document closely to understand each stage, expected outputs and evaluation approach before committing bid resource, and ask clarification questions early if the structure is unclear, since assumptions based on older procedures may not hold.
Related terms