Four procedures

EU legislation allows four procurement procedures: open, restricted (these two are also sometimes referred to as "standard procedures"), negotiated (an exceptional procedure) and competitive dialogue (the use of which is subject to conditions). Guidance 41, 42, 43, 44, 45, 46, 47, 48 The choices may be more limited under national laws. Specific legal advice is required for each jurisdiction. Table 3 below compares a few key features across the four EU procurement procedures which can be used for procuring PPPs. The Authority should always take legal advice before selecting the procurement procedure.

Table 3 • A comparison of EU procurement procedures
	Open Procedure	Restricted Procedure	Negotiated Procedure	Competitive Dialogue
Possibility to limit number of bidders	No prequalification or pre-selection is permitted. Any interested company may submit a bid.	The number of bidders may be limited to no less than five in accordance with criteria specified in contract notice (prequalification and shortlisting permitted).	The number of bidders may be limited to no less than three in accordance with criteria specified in contract notice (prequalification and shortlisting permitted).	The number of bidders may be limited to no less than three in accordance with criteria specified in contract notice (prequalification and shortlisting permitted).
Discussions during process	The specifications may not be changed during the bidding process and no negotiations or dialogue may take place with bidders. Clarification is permitted.	The specifications may not be changed during the bidding process and no negotiations or dialogue may take place with bidders. Clarification is permitted.	Negotiations are permitted throughout the process. Successive stages can be used to reduce the number of bidders (further shortlisting).	A dialogue with the bidders is permitted on all aspects (similar to negotiated procedure, including further shortlisting). When the dialogue is concluded, final complete bids must be requested based on the solution(s) presented during the dialogue phase.
Discussions after final bid is submitted	No scope for negotiations with a bidder after bids are submitted.	No scope for negotiations with a bidder after bids are submitted.	Not relevant because the negotiations can continue until the contract is agreed. There need be no "final bid" per se.	Only permitted to clarify, fine-tune or specify a bid. No changes are permitted to the basic features.
Basis for award	Lowest price or most economically advantageous tender.	Lowest price or most economically advantageous tender.	Lowest price or most economically advantageous tender.	Most economically advantageous tender.