From 24 February, procurement law changes, so you have to use the 'open' procedure or the ‘competitive flexible' procedure when running an above-threshold competitive tendering exercise.  

The single stage open procedure has not changed significantly. The ‘competitive flexible’ procedure means any procedure you think is appropriate and proportionate to the contract being procured. For procurement enthusiasts, being able to design your own process is the equivalent of children being let loose in Willy Wonka’s Chocolate Factory, but caution should not be thrown to the wind too early!  

For most contracts, the restricted procedure under PCR 2015 was perfectly adequate, allowing two stages - so you can restrict the number of tenderers to a minimum of five, and then usually invite written tenders.  

For those who are just starting out on their Procurement Act 2023 journey, it might be wise to base your new competitive flexible process on the restricted procedure, and gradually ‘lean into’ the new freedoms under the Act.  

You could perhaps have the restricted procedure with a small product demonstration to start with, or the restricted procedure with an interview and scenarios, building up to holding an 18-month process which explores different solutions to your issues then has a final negotiated stage, with small amounts of post-tender negotiation to confirm financial offers!  

The main message is do not panic around procedures – you can go back to what you know and use the restricted procedure with a few small language and process tweaks.  The panic should be reserved for working out which notices you need to publish when…