Restricted Procedure

The restricted procedure introduces a qualification round before full bids are requested. It is designed for complex contracts where evaluating a large number of full submissions would be impractical, or where the buyer needs confidence that invited suppliers have the technical and financial capacity to deliver before investing time in a detailed tender process. Unlike the open procedure, suppliers cannot simply download documents and bid: they must first be shortlisted.

What is the Restricted Procedure?

Under Article 28 of Directive 2014/24/EU, the restricted procedure runs in two distinct stages.

Stage 1: Requests to participate. The contracting authority publishes a contract notice on TED with a description of the requirement and the applicable selection criteria. Any supplier may submit a request to participate, typically with a pre-qualification questionnaire demonstrating they meet the stated selection criteria. The buyer must set a minimum number of candidates to invite (at least five) and may set a maximum. The minimum period to submit a request to participate is 30 calendar days from publication.

Stage 2: Invitation to tender. The buyer evaluates the requests, selects the shortlist, and sends the invitation to tender documents only to those selected candidates. The minimum period to submit a full tender is 25 days from despatch of the invitation. The buyer then evaluates tenders against the published award criteria and awards the contract.

In the UK, the Procurement Act 2023 replaced the old restricted procedure with the "competitive flexible procedure," which allows buyers to design their own multi-stage process. In practice, structurally similar two-stage processes remain common.

Why it matters for bidders

Receiving an invitation to tender under a restricted procedure is itself a meaningful milestone: you have already been assessed as technically and financially capable. Competition at the tender stage is typically limited to five to twenty suppliers, making individual odds significantly better than in an open field.

The challenge is the Stage 1 gate. Your request to participate must demonstrate that you meet the selection criteria clearly and with evidence. Generic or incomplete submissions that fail to evidence the specific requirements (turnover thresholds, relevant project references, professional certifications) result in exclusion before you see the tender documents.

Example

A Belgian federal agency seeks to procure a large-scale enterprise software implementation worth EUR 8 million. It runs a restricted procedure on TED, setting minimum selection criteria of EUR 15 million annual turnover and at least three comparable project references. Twelve companies submit requests to participate; the agency shortlists six and sends them the invitation to tender. One of the six wins the contract after a full tender evaluation.

Frequently Asked Questions

How do I know a restricted procedure is coming?

Buyers sometimes publish a prior information notice on TED several months before the formal contract notice. Setting up TED alerts for relevant CPV codes and NUTS regions will notify you of the contract notice when it is published.

Can a buyer exclude me at Stage 1 for reasons not stated in the contract notice?

No. The selection criteria used to shortlist candidates must be stated in the contract notice and applied objectively. Introducing new criteria at the evaluation stage is not permitted.

What is the difference between selection criteria and award criteria in a restricted procedure?

Selection criteria are assessed at Stage 1 to determine whether a supplier is capable of performing the contract. Award criteria are assessed at Stage 2 to determine which capable supplier offers the best value. Only shortlisted candidates reach Stage 2.

Can I submit a tender if I was not shortlisted?

No. Under the restricted procedure, only suppliers who submitted a successful request to participate and were placed on the shortlist receive the invitation to tender. Unsolicited tenders from non-shortlisted suppliers are rejected.