By Jeremy Brim, Managing Director, Growth Ignition | November 2026
The Competitive Flexible Procedure (CFP) is one of only two competitive tendering routes under the Procurement Act 2023, which came into force on 24 February 2025. It lets public buyers design their own multi-stage process, with options like shortlisting, dialogue, negotiation, presentations and refining award criteria. For suppliers, the tender notice becomes the rulebook. Winning means reading it closely, engaging early and being ready for every stage the buyer has chosen.
Why does the Competitive Flexible Procedure matter so much?
Because it replaced almost everything bidders were used to.
Under the old Public Contracts Regulations 2015 (PCR 2015), buyers picked from a menu of fixed procedures. The Act keeps the open procedure much as it was, and folds the rest into one flexible route:
Restricted procedure
Competitive procedure with negotiation
Competitive dialogue
Innovation partnership
All four are now covered by the CFP. In the Act, it's defined in section 20 as any other competitive tendering procedure the contracting authority considers appropriate. That's a short definition with big consequences.
The Act applies to procurements started on or after 24 February 2025 in England, Wales and Northern Ireland. Scotland's devolved bodies mostly run their own regime. Anything started before that date stays under PCR 2015.
How does the Competitive Flexible Procedure actually work?
The Act sets very few rules on how a CFP must be run. Buyers can shape the process around the contract, as long as they stick to the Act's procurement objectives (section 12), like value for money, sharing information and acting with integrity.
The Cabinet Office guidance on competitive tendering procedures, updated in 2026, points to options like:
A participation stage to shortlist suppliers, using objective criteria set out up front
Dialogue with suppliers on any aspect of the procurement
Negotiation, as long as the tender notice says so and states what's open to negotiate
Refining award criteria during the process (section 24), ie: adding detail, sub-criteria or adjusting weightings within a published range
Site visits, demonstrations and presentations
A preferred supplier stage before final award
A few guard rails matter for bidders:
The tender notice must describe the process, including whether negotiation may happen and whether award criteria may be refined
Buyers can't invite tenders until they've given enough information to prepare one
Refining criteria doesn't allow brand new award criteria to be added
The guidance warns buyers not to make the process overly burdensome, as complex or drawn out processes put off SMEs
On shortlisting, the guidance suggests at least five suppliers for straightforward procedures and at least three for complex ones with heavy dialogue or negotiation
What's the difference between the open procedure and the CFP?
Open procedure
Single stage
Anyone who meets the conditions can bid
Talking to the buyer is limited to clarification questions
Award criteria are fixed at the start
Best for simple, well defined requirements
Competitive Flexible Procedure
One or more stages, designed by the buyer
Bidders can be limited by a shortlist
Dialogue, negotiation and presentations are possible
Award criteria can be refined within published limits
Best for complex, high value or innovative requirements
What has changed for suppliers in practice?
The CFP doesn't sit alone. A few other changes in the Act shape how you should bid under it.
Most advantageous tender replaces MEAT
Contracts are now awarded to the most advantageous tender (MAT), not the most economically advantageous tender. Buyers have more room to weigh things like social value and innovation alongside price.
Assessment summaries for every bidder
Once a decision is made, every supplier who submitted an assessed tender gets an assessment summary. It shows how your tender was scored against each award criterion, and the same information for the winning tender. This is gold dust for learning, win or lose.
An eight working day standstill
The standstill period now starts when the buyer publishes a contract award notice and runs for eight working days. If you have concerns, you need to move quickly.
Early market engagement is out in the open
The Act encourages preliminary market engagement and expects buyers to be transparent about it. If you're not in the room at that stage, someone else is shaping the process.
How do you win under the Competitive Flexible Procedure?
I've spent my career winning public sector work, from big outsourcing deals at Mouchel to leading a large bid team at Mace. The pattern I keep seeing with the CFP is simple. Teams that treat it like an old restricted procedure get caught out. Teams that plan for the whole journey win.
Here's what works.
1. Treat the tender notice as the rulebook
Every CFP is different, so never assume. Map out each stage, what's assessed, when, and how it's scored. Look for whether negotiation or refined award criteria are on the table. Build your bid plan around that, not around last year's template.
2. Win before the tender lands
Flexibility rewards suppliers the buyer already knows and trusts. Use preliminary market engagement properly. Share insight, help the buyer think through risk and options, and understand what a great outcome looks like to them. By the time the tender notice is published, you want to recognise the problem they're describing.
3. Plan for every stage, not just the written submission
A CFP can include a shortlist stage, written tenders, dialogue sessions, presentations and negotiation. Each one needs people, time and preparation. Resource the full process from day one, or you'll run out of steam just as it matters most.
4. Get your people ready for dialogue and presentations
This is where many bids are now won or lost. Your bid manager can't carry it alone. The people who'll deliver the contract need to show up well, answer hard questions and stay on message. Rehearse properly, with realistic challenge.
5. Expect documents to evolve
Under the CFP, buyers can update and add documents as the process moves on, for example after negotiation. Keep a tight log of changes, check every update and make sure your final tender reflects the latest position.
6. Use clarification questions and dialogue to shape the outcome
If the buyer may refine award criteria, the conversations you have can influence what good looks like. Ask smart questions, bring evidence and show how your approach reduces their risk.
7. Learn from every assessment summary
Win or lose, read your assessment summary side by side with the winner's scores. Find the gaps, feed them back into your content library and capture plans, and get better every time.
8. Use AI to free up time for the human stuff
Multi-stage processes stretch bid teams. Used well, AI can speed up research, first drafts, compliance checks and question analysis. That frees your experts to focus on strategy, client engagement and rehearsing for dialogue, which is where the CFP is really won.
Frequently asked questions
When did the Procurement Act 2023 come into force?
The Act received Royal Assent on 26 October 2023 and came into force on 24 February 2025. Procurements started before that date continue under the old regulations.
Which procedures did the Competitive Flexible Procedure replace?
It replaced the restricted procedure, competitive procedure with negotiation, competitive dialogue and innovation partnership from PCR 2015. Buyers can still run something similar to those old procedures within a CFP if it suits the contract.
Can buyers negotiate under the Competitive Flexible Procedure?
Yes, but only if the tender notice says negotiation may happen and sets out which elements are open to negotiation.
Can award criteria change during a CFP?
They can be refined, ie: adding detail or sub-criteria, or adjusting weightings within a published range. New award criteria can't be introduced.
Is the Competitive Flexible Procedure good for SMEs?
It can be. Government guidance tells buyers not to make the process overly burdensome and to set realistic deadlines. But multi-stage processes still need real resource, so SMEs should plan carefully before committing.
Need help winning under the Procurement Act?
At Growth Ignition, we help teams win more public sector work, from capture and early engagement through to bid writing, presentations and dialogue. Take a look at our competitive dialogue and presentation training, our AI-Powered Bidding course and our growth maturity benchmarking, or get in touch for a chat about your next big pursuit.