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Open procedure (Financial Regulation 2024/2509; Directive 2014/24/EU Article 27) (Partly verified)

Kind

Procurement (a public buyer contracts and pays for a result)

What it is for

• In an open procedure any interested economic operator may submit a tender; the contracting authority may use the open procedure for any purchase. (Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union (recast Financial Regulation), Article 167(2) and 167(5)(a))
• For Member State buyers, any interested economic operator may tender in response to a call for competition, and Member States must make the open procedure available to contracting authorities. (Directive 2014/24/EU on public procurement (as published in OJ L 94, 28.3.2014), Article 27(1); Article 26(2))

Designed by

• Union institutions, executive agencies and Union bodies referred to in Articles 70 and 71 are contracting authorities for contracts awarded on their own account, and institutions delegate the contracting-authority powers to authorising officers. (Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union (recast Financial Regulation), Article 177(1))
• Public-private partnership bodies set up by a basic act (such as Joint Undertakings) adopt their own financial rules, which may not depart from the Commission's model financial regulation except where their specific needs require it and with Commission consent. (Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union (recast Financial Regulation), Article 71)

Implemented by

• The authorising officer responsible decides to whom the contract is awarded, in line with the selection and award criteria in the procurement documents. (Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union (recast Financial Regulation), Article 173(1))
• Member State contracting authorities apply national procedures adjusted to conform with the Directive. (Directive 2014/24/EU on public procurement (as published in OJ L 94, 28.3.2014), Article 26(1))

Who can apply or take part

Participation in EU procurement is open on equal terms to natural and legal persons within the scope of the Treaties, persons from third countries with a special procurement agreement with the Union, and international organisations; WTO GPA signatories have access where the GPA applies. (Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union (recast Financial Regulation), Articles 179(1) and 180)

Funding rate or co-funding

Not stated in the sources read.

Typical size

Not stated in the sources read.

Maturity (TRL)

Not stated in the sources read.

Who owns the results

• The draft contract must state whether the transfer of intellectual property rights will be required. (Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union (recast Financial Regulation), Annex I, point 16.4(f))
• The Commission guidance notes two basic options: the buyer requires transfer of new IPR, or the IPR remain with the contractor; it recommends considering leaving IPR with suppliers unless overriding public interests apply, while keeping royalty-free use and adaptation rights, a conditional right to license out and publication rights. (Commission Notice: Guidance on Innovation Procurement, C(2021) 4320 final, 18.6.2021, Section 4.1.7, pp. 48-49)

Time to grant or contract

• EU open procedure: time limit for receipt of tenders no less than 37 days from the day after dispatch of the contract notice; reducible by five days if electronic submission is accepted; at least 15 days in duly substantiated urgency. (Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union (recast Financial Regulation), Annex I, points 24.2, 24.7 and 26.1(a))
• Directive: minimum 35 days from dispatch of the contract notice; may be shortened to 15 days after a qualifying prior information notice or in substantiated urgency, and by five days for electronic submission. (Directive 2014/24/EU on public procurement (as published in OJ L 94, 28.3.2014), Article 27(1)-(4))
• Above the thresholds the contract may not be signed before a standstill period of 10 days (electronic means) or 15 days (other means). (Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union (recast Financial Regulation), Article 178(2)-(3))

Legal basis

• Procurement procedures are listed in Article 167(1) FR; detailed rules are in Annex I (Article 164). (Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union (recast Financial Regulation), Articles 164 and 167(1)(a))
• Open procedure for Member State contracting authorities. (Directive 2014/24/EU on public procurement (as published in OJ L 94, 28.3.2014), Article 27)

Work programme, committee or other step needed

At or above the thresholds, a contract notice and a contract award notice must be published in the Official Journal; below them, procedures are advertised by appropriate means. (Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union (recast Financial Regulation), Article 166(1)-(2))

Conditions and limits

• EU contracting authorities apply the thresholds in Article 4(a) and (b) of Directive 2014/24/EU when choosing a procedure (EUR 300 000 for supply and service contracts of Union delegations in third countries). (Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union (recast Financial Regulation), Article 178(1))
• The Directive as adopted set thresholds of EUR 5 186 000 (works), EUR 134 000 (central government supplies/services) and EUR 207 000 (sub-central supplies/services); the Commission revises them every two years in line with the WTO GPA, so current amounts must be checked in the latest revision. (Directive 2014/24/EU on public procurement (as published in OJ L 94, 28.3.2014), Articles 4 and 6(1))
• Below EU thresholds the FR defines middle value (above EUR 60 000), low value (up to EUR 60 000) and very low value (up to EUR 15 000) contracts that may be awarded by negotiated procedure. (Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union (recast Financial Regulation), Annex I, points 14.1-14.4)

Quantum examples

• EuroHPC JU call for tenders EUROHPC/2024/OP/0004 (published 1 August 2024, deadline 5 September 2024) for the EuroQCS-Italy neutral-atom quantum computer hosted by CINECA; the page does not name the procedure type. (Call for tenders EUROHPC/2024/OP/0004: acquisition, delivery, installation and maintenance of the EuroQCS-Italy quantum computer, Call page header and description)
• EuroQCS-Italy contract signed with Pasqal (announced 27 March 2025); total acquisition cost EUR 13 million, co-funded 50% by the EuroHPC JU and 50% by Italy's MUR via ICSC (PNRR/RRF); the system is owned by the EuroHPC JU and operated by the host. (Signature of the procurement contract for the EuroHPC quantum computer located in Italy (27 March 2025), Press release body)
• EuroHPC JU call for tenders EUROHPC/2025/OP/0007 (published 12 September 2025, deadline 24 October 2025) for the EuroSSQ-HPC semiconductor spin-qubit computer hosted by SURF; budget up to EUR 9.95 million, 50% from the JU (Digital Europe Programme) and 50% from the consortium. Procedure type not named on the press release. (EuroHPC JU Launches Procurement For a Quantum Computer in the Netherlands (15 September 2025), Press release body)
• The EuroSSQ tender page gives reference EUROHPC/2025/OP/0007, publication 12 September 2025 and deadline 24 October 2025, without naming the procedure type or estimated value. (Call for tenders EUROHPC/2025/OP/0007: acquisition, delivery, installation and maintenance of the EuroSSQ quantum computer, Call page header)
• At launch (1 August 2024) the JU stated a EUR 13 million total cost for EuroQCS-Italy, with the Union contribution from the Digital Europe Programme covering up to 50% of acquisition, integration and operating costs. (EuroHPC JU launches the procurement for a new quantum computer in Italy (1 August 2024), Press release body)

Who to contact

The contracting authority concerned (e.g. the Commission DG, executive agency or Joint Undertaking); for Member State buyers, the national contracting authority

Next steps

• Agree the need, the estimated value and the budget line with the authorising officer of your DG or body.
• Check the procedure and its conditions with the central procurement or legal service; the Financial Regulation Annex I sets them.
• Publish on TED and the Funding & Tenders Portal (eTendering) unless an exception applies.

Verification

Partly verified. FR 2024/2509 Title VII and Annex I and Directive 2014/24/EU Articles 4, 6, 26-27 were read in full via the Publications Office (EUR-Lex returned a WAF challenge). The Directive text read is the original 2014 version, so the thresholds shown are not the current revised amounts. The EuroHPC tender pages do not state the procedure type; the examples are given as JU procurements, not as confirmed open procedures. The FR text read does not itself say that results are owned by the Union; it requires the contract to state whether IPR transfer is required.

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