What is the Open Procedure?
The open procedure (offenes Verfahren) is the most commonly used and most transparent procurement procedure above the EU thresholds. In an open procedure, the contracting authority publishes a contract notice, makes the tender documents available, and any interested economic operator may submit a bid. There is no prior qualification or preselection phase, meaning that the contracting authority evaluates all received bids for both suitability and the award criteria in a single assessment process.
The open procedure is the default procedure under both German and EU procurement law. Contracting authorities can use it without needing to justify its selection, unlike other procedures such as the negotiated procedure or competitive dialogue, which require specific preconditions to be met. This makes the open procedure the most straightforward choice for standardized procurements where the contracting authority can clearly define its requirements and expects sufficient market competition.
The minimum bid submission deadline in an open procedure is 35 days from the date of dispatch of the contract notice, which can be reduced to 15 days under certain conditions, such as when a prior information notice was published or when the contracting authority accepts electronic submission and provides electronic access to the tender documents. These relatively generous deadlines reflect the fact that any company must be able to prepare and submit a meaningful bid.
Why It Matters for Bidders
The open procedure offers the greatest accessibility, as any company that considers itself capable can participate. This creates a level playing field but also typically results in the highest number of competing bids. Bidders must therefore focus on preparing highly competitive, fully compliant offers to stand out in a potentially crowded field.
Because there is no prequalification phase, bidders must submit all suitability evidence alongside their technical and commercial offer. This means the bid preparation effort is front-loaded. Companies should maintain ready-to-submit suitability documentation, including references, financial statements, and certifications, to minimize preparation time and reduce the risk of incomplete submissions.
Legal Framework
The open procedure is regulated in Section 15 VgV for above-threshold procurement. The general framework is established in Section 119 GWB. EU Directive 2014/24/EU Article 27 provides the European basis. For below-threshold procurement, the public tender (oeffentliche Ausschreibung) under the UVgO serves as the functional equivalent. For construction works, VOB/A Section 2 Paragraph 2 governs the open procedure.