OPEN/RESTRICTED PROCEDURE WHAT IS THE DIFFERENCE?

When a Tender is issued and it is published, the company must know that there are several types of procedures or conditions that the company must know in order to present the corresponding offer.

In this article we are going to focus on the two most important, which are the open procedure and the restricted procedure, although there is also the negotiated procedure and competitive dialogue.

Although at first it may seem to us that all this is very confusing, not at all, here we are going to see the difference between the two procedures in a very simple and clear way and we will immediately understand the difference between the two.

The main difference between the two procedures is that in the first, that is, in the open procedure, any company can submit a bid, while in the restricted procedure, any company can request participation in the tender, a selection is made, and Only the selected ones are invited to submit a bid.

In the open procedure, the company that wants to participate and submit an offer has a minimum period of 52 days from the date of publication of the contract announcement; in the event that a prior announcement has been made, this period is reduced to 36. days, as a general rule and 22 days in exceptional and duly justified cases. The deadlines that we have mentioned above may also be reduced by 7 days when the announcements are prepared and sent by electronic, computer or telematic means.

In this type of open procedure, the contracting authority cannot negotiate the terms of the contract with the bidders, and will award the contract to the businessman who has submitted the most economically advantageous offer under the terms established in the administrative clauses. In this case, the opening of the economic offer will be done in a public event, except when it is anticipated that electronic means will be used in the bidding, the deadline for opening proposals will be carried out within a maximum period of one month from the end date of the deadline for submitting offers, and the award will be made within a period of 15 days from the day following the opening of the proposals, except for specific exceptions.

Regarding the restricted procedure, in which only those selected can submit offers, the period for participation is 37 days from the publication of the contract announcement, then the contracting authority selects at least 5 candidates, in order to guarantee effective competition. These candidates have a period of 40 days from the sending of the invitation to present their offer, which may be shortened to 36 days, in the event that a prior information notice has been published, or in exceptional cases.

This type of procedure, the selection of the successful bidder consists of two phases, a first where the candidates who are invited to bid are selected and a second phase where the bidding takes place and the successful bidder is selected based on one or more criteria. of adjudication.