Open Procedure
The open procedure is the most commonly used procurement method in Finland and across the European Union, accounting for roughly 80% of all above-threshold procurement procedures published in Finland each year. It allows any interested economic operator to submit a tender in response to a contract notice, without pre-selection or shortlisting. This makes it the most transparent and accessible of all procurement procedures available under Finnish law. For suppliers — especially SMEs and companies new to public procurement — the open procedure represents the lowest barrier to entry. There is no pre-qualification hurdle to clear before you can submit your offer. However, this accessibility also means competition tends to be higher: procurements run under the open procedure regularly attract 5-15 tenders in Finland, and sometimes more in popular categories like IT, consulting, and construction. Understanding how the open procedure works is essential for any company seeking public sector contracts in Finland or the broader EU market.
Definition
The open procedure is a single-stage procurement method where all interested suppliers may submit tenders in response to a published contract notice. The contracting authority evaluates every tender received against the published selection criteria (suitability requirements) and award criteria. There is no pre-qualification, shortlisting, or negotiation phase. The procedure is governed by Section 32 of the Finnish Public Procurement Act (hankintalaki 1397/2016), which implements Article 27 of EU Directive 2014/24/EU. The process follows a clear sequence: the contracting authority publishes a contract notice on Hilma (and TED for EU-level procurements), makes the request for proposals and all procurement documents available electronically, receives tenders by the stated deadline, opens all tenders simultaneously, verifies that tenderers meet suitability requirements and are not subject to exclusion grounds, evaluates compliant tenders against the published award criteria, and issues a procurement decision. The authority must treat all tenderers equally and transparently throughout. It cannot introduce new requirements or criteria after the contract notice has been published. The open procedure is suitable for straightforward procurements where the contracting authority can define its requirements precisely in advance — goods with clear specifications, well-defined service contracts, or standard construction works. For more complex needs requiring dialogue or negotiation, other procedures such as the negotiated procedure or competitive dialogue may be more appropriate.
Practical Example
A Finnish municipality needs to procure IT support services for its 2,000 employees, with an estimated contract value of EUR 400,000 over four years. The municipality publishes a contract notice on Hilma and TED (since the value exceeds the EU service threshold of EUR 143,000). The tender submission period is set at 35 days. The RFP specifies suitability requirements including minimum annual turnover of EUR 200,000, at least three comparable reference projects in the past three years, and ISO 27001 certification. Award criteria are weighted 60% quality (response times, staffing plan, service model) and 40% price. Nine companies submit tenders by the deadline. The municipality opens all tenders, verifies suitability using the ESPD declarations, excludes two non-compliant tenders, scores the remaining seven against the published criteria, and issues a procurement decision. The entire process from notice publication to contract signature takes approximately four months, including the mandatory 14-day standstill period.
Common Mistake
Bidders sometimes treat the open procedure as informal or flexible, assuming they can negotiate or supplement their tender after submission. This is incorrect. The contracting authority must evaluate tenders exactly as submitted. You cannot add missing documents, revise pricing, or modify your technical proposal after the deadline. The only permitted communication is narrow clarification requests from the authority, which must not alter the substance of the tender. To avoid rejection, double-check every mandatory requirement in the RFP before submitting. Use a compliance checklist that maps each requirement to the corresponding section of your tender.
Frequently Asked Questions
What is the minimum time limit for submitting tenders in an open procedure?
For EU-level procurements, the minimum time limit is 30 days from the date the contract notice is sent to TED, as specified in Section 56 of the Procurement Act. This can be reduced to 15 days if the contracting authority published a prior information notice (ennakkoilmoitus) at least 35 days and no more than 12 months before the contract notice, and the prior notice contained all the information required for a contract notice. Electronic submission alone does not reduce the minimum period, but the 30-day period already assumes electronic access to procurement documents. For national procurements below EU thresholds, the Act does not prescribe a specific minimum period, but the time allowed must be reasonable given the complexity of the procurement. In practice, Finnish contracting authorities typically allow 21-30 days even for national procurements.
Can a contracting authority negotiate with bidders in an open procedure?
No. The open procedure does not permit negotiation at any stage. The contracting authority must evaluate tenders as received, based solely on the published criteria. If the authority needs clarification on a specific point in a tender, Section 74 of the Procurement Act allows it to request clarifications — but this must be done equally and transparently, and the request cannot lead to changes in the substance of the tender. For example, the authority might ask a bidder to explain an ambiguous statement, but it cannot invite the bidder to improve their price or add missing features. If the contracting authority anticipates that negotiation will be necessary, it should choose the negotiated procedure or competitive dialogue instead.
Is the open procedure mandatory for public procurement in Finland?
No, the open procedure is not mandatory, but it is the default choice and the most frequently used procedure in Finnish procurement practice. Contracting authorities are free to choose between the open procedure and the restricted procedure without needing to justify the choice — both are always available. Other procedures such as the negotiated procedure (Section 34), competitive dialogue (Section 36), and innovation partnership (Section 38) may only be used when specific preconditions defined in the Procurement Act are met. For national small procurements (kansalliset hankinnat) below EU thresholds, the procedural rules are more flexible under Chapter 11 of the Act, but many authorities still follow the open procedure format voluntarily to ensure transparency.
Related Terms
Restricted Procedure
Understand the restricted procedure in Finnish public procurement. A two-stage process where candidates are pre-qualified before submitting tenders.
Contract Notice
Learn about contract notices in Finnish public procurement. The official announcement published on Hilma and TED to invite tenders from suppliers.
Most Economically Advantageous Tender
MEAT compares bids on price and quality combined — not just lowest price. See scoring criteria, weighting, and how bidders win MEAT-based EU tenders.
Hilma Platform
Learn about Hilma, Finland's official public procurement notice platform. How to find and respond to procurement opportunities on hankintailmoitukset.fi.
Haavi monitors public tenders for you
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