Competitive Flexible Procedure
The new PA 2023 procurement procedure absorbing Restricted, Competitive Dialogue, Competitive Procedure with Negotiation, and Innovation Partnership.
Definition
The Competitive Flexible Procedure is the new procurement procedure introduced by the Procurement Act 2023. It absorbs four PCR 2015 procedures (Restricted, Competitive Dialogue, Competitive Procedure with Negotiation, Innovation Partnership) into a single flexible procedure that lets contracting authorities design the procurement to fit the requirement. The procedure can include any combination of selection stage, initial tender, dialogue, negotiation, and final tender, provided the design is published in the contract notice and is followed consistently.
How it works in practice
The flexibility comes with disciplines. The buyer must publish the procedure design (number of stages, evaluation criteria at each, dialogue or negotiation steps) in the contract notice; they cannot change the design mid-procurement without re-publishing. The design must serve a legitimate procurement objective and be proportionate to the contract complexity. For a straightforward contract, the buyer can effectively replicate the Restricted procedure: selection then tender. For a complex contract, they can replicate Competitive Dialogue: selection, dialogue rounds, final specification, final tender. For incremental optimisation, they can replicate Competitive Procedure with Negotiation: selection, initial tender, negotiation, final tender. The advantage is design freedom: the buyer is not forced to choose from four pre-defined templates. The disadvantage is design overhead: the buyer must articulate and justify the procedure design rather than referencing a familiar template. Suppliers should read the procedure design in the contract notice carefully because each Competitive Flexible procurement may have a different shape: number of stages, dialogue rules, negotiation scope, final tender timing. The KimonBids bid management module tracks Competitive Flexible procurements across UK authorities and helps suppliers map the design to expected effort and resource needs.
Common questions
How is Competitive Flexible different from PCR 2015 procedures?
PCR 2015 had four named procedures (Restricted, Competitive Dialogue, Competitive Procedure with Negotiation, Innovation Partnership) each with prescribed shapes. PA 2023 Competitive Flexible is a single procedure that the buyer designs to fit the requirement: any combination of selection, dialogue, negotiation, and tender stages provided the design is published upfront.
Can the buyer change the procedure design during procurement?
No. The design is fixed at contract notice publication. Material changes (adding stages, changing evaluation criteria) require re-publication. Minor clarifications about the design can be issued via portal Q&A but the substantive shape is locked.
When is Competitive Flexible used instead of Open procedure?
Open procedure works for straightforward contracts where the requirement can be fully specified upfront and the buyer is willing to evaluate every bid received. Competitive Flexible is for contracts that need a shortlist before tender, or that need dialogue or negotiation to refine the requirement or improve offers.