Procurement glossary · Procedures and routes to market
Restricted procedure
A two-stage competition under the Public Contracts Regulations 2015 in which suppliers first complete a selection stage, and only those shortlisted are invited to tender. Procurements commenced under the 2015 regulations still run this way; new procurements under the Procurement Act 2023 use the open or competitive flexible procedure instead.
Also called Two-stage procedure.
What it means in practice
The restricted procedure split the work in two. Stage one assessed whether a supplier was capable and compliant, through a selection questionnaire. Stage two assessed the actual offer, from the shortlist only.
For suppliers this staging was useful. A modest first-stage effort bought real information about whether the full submission was worth writing, and the shortlist size told you your odds before you committed. That is exactly the signal the open procedure does not give you.
You will still meet this procedure for some years. The Public Contracts Regulations 2015 continue to apply to procurements commenced under them, and long frameworks let under the old regime run call-offs for their full term. Under the Procurement Act 2023 an authority wanting the same shape designs it into a competitive flexible procedure rather than selecting a named procedure off a list.
Where suppliers get caught
Writing a thin selection stage because it is only the qualifier. On an oversubscribed procurement the selection stage is scored and ranked, not just passed, and the shortlist is drawn from the top. A merely compliant selection response on a popular framework loses before the real competition starts.
Common questions
Does the restricted procedure still exist?
Not as a named procedure for new procurements under the Procurement Act 2023, which provides the open and competitive flexible procedures. It continues to apply to procurements commenced under the Public Contracts Regulations 2015, and an authority can design an equivalent two-stage shape within the competitive flexible procedure.
How many suppliers are shortlisted in a restricted procedure?
The authority states the number, or a range, in the notice. It varies widely. That figure is the single most useful piece of information for a bid or no bid decision, because it tells you what you are actually competing against.
Related terms
- Open procedure
- Competitive flexible procedure
- Selection Questionnaire
- Award criteria versus selection criteria
If a tender in front of you turns on this, send us the documents and the deadline and we will tell you honestly whether it is worth bidding. Call 020 3668 5488, or read the rest of the UK procurement glossary.