The Competitive Flexible Procedure explained: what bid teams need to know
When the UK Procurement Act introduced the Competitive Flexible Procedure (CFP), it quickly became one of the most talked-about aspects of the legislation.
More than a year later, it’s also one of the least understood.
That’s partly because many organisations are still running familiar procurement processes. It’s also because the Competitive Flexible Procedure isn’t a single process, it’s a framework that gives contracting authorities greater flexibility to design procurement exercises around what they’re trying to buy.
What is the Competitive Flexible Procedure?
The Competitive Flexible Procedure (CFP) is one of the two competitive procurement procedures introduced by the UK Procurement Act. It allows contracting authorities to design a procurement process that best suits the requirement, rather than following a fixed procedure, while remaining fair, transparent and proportionate. Depending on the procurement, this may include dialogue, negotiation, presentations or Best and Final Offers (BAFOs).
For bid teams, that flexibility could change how public sector opportunities are won.
Why was it introduced?
Under the Procurement Act, contracting authorities now have two main competitive procedures available to them:
- The Open Procedure
- The Competitive Flexible Procedure
The Open Procedure remains largely unchanged. Suppliers submit everything at once, and the authority evaluates those submissions before making an award.
The Competitive Flexible Procedure is different.
Rather than prescribing a fixed process, it allows contracting authorities to design a procurement approach that best suits the requirement, provided it remains fair, transparent and proportionate.
That could include multiple stages, dialogue with suppliers, presentations, demonstrations, negotiation, or Best and Final Offers (BAFOs). A BAFO stage allows buyers to invite suppliers to submit a final revised proposal after dialogue or negotiation, giving both parties an opportunity to refine their approach before a contract is awarded.
For complex procurements, this gives buyers considerably more flexibility than previous legislation allowed.
What does this mean for suppliers?
For suppliers, the Competitive Flexible Procedure introduces a different way of engaging with public sector procurement. Rather than relying solely on a written tender submission, organisations may find themselves participating in dialogue, presentations, negotiations or BAFO stages as part of the procurement process.
That creates opportunities.
It also creates new expectations.
Success will depend less on producing a strong written submission alone and more on demonstrating commercial understanding, building confidence with buyers and responding effectively throughout the procurement process.
Preparing bid teams for the Competitive Flexible Procedure
For years, many public sector bid teams have worked within relatively structured procurement processes.
The Competitive Flexible Procedure has the potential to shift that balance.
Organisations may need to invest in skills that haven’t traditionally been associated with public sector bidding, including:
- Commercial negotiation
- Presentation and facilitation
- Stakeholder engagement
- Managing dialogue throughout the procurement process
- Adapting bid strategies as procurement evolves
These are capabilities more commonly associated with private sector procurement, but they may become increasingly valuable as buyers begin to use the flexibility available under the Act.
Adoption will take time
Although the legislation introduced the Competitive Flexible Procedure, widespread adoption won’t happen overnight.
Many contracting authorities are still developing confidence in using the new approach. Others may continue using procurement models that look very similar to previous procedures while they build experience.
That means suppliers are unlikely to see every procurement transformed immediately.
However, organisations that begin preparing now will be better placed when more flexible approaches become commonplace.
Looking ahead
The Competitive Flexible Procedure represents more than a new procurement route. It reflects a broader shift towards more commercial, collaborative procurement.
For bid teams, that means success will increasingly depend on understanding customers, engaging effectively before and during procurement, and combining strong written submissions with stronger commercial conversations.
The fundamentals of winning work haven’t changed. But the way those conversations happen may well have.
Listen to the full conversation
These insights were discussed in more detail by Matt Light and procurement consultant Gemma Waring on the latest episode of the Optimize Podcast, where they explore how the UK Procurement Act is being implemented in practice and what it means for buyers, suppliers and bid professionals.
