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What Is Public Procurement? How the System Works and Who Can Bid

Public ProcurementTendersEUGuideBasics
Martyna Łachut

Martyna Łachut

Martyna Łachut is a public procurement expert who understands, navigates, and bridges both sides of the tendering process. Drawing on years of experience as both a contracting authority and a contractor, she advises, trains, and guides businesses smoothly through the bidding process. A strong advocate for modern solutions that demystify traditional procurement work.

Two business professionals talking in a bright conference room, illustrating a guide to public procurement

Public procurement is the process by which public sector bodies, such as government agencies, hospitals, municipalities and state-owned companies, buy goods, services and works from private firms. Because public money is involved, the supplier is chosen through open, published rules rather than a private negotiation. In the European Union these rules come from the EU procurement directives, and the largest contracts must be advertised across the single market through the TED database. This page explains what public procurement is, how the system works and who can bid, then points you to more detailed guides.

What is public procurement?

Public procurement is a paid contract between a contracting authority (a public body) and a supplier (a company) for the delivery of goods, services or works. The purpose of the system is to spend public funds in a way that is competitive, transparent and open to all eligible firms. The authority publishes its need, sets out the requirements, and suppliers submit bids that are scored against criteria announced in advance.

Public contracts fall into three main categories:

  • Supplies: the purchase or lease of goods, for example medical equipment, vehicles, materials or software licences.
  • Services: work that is not a construction project, for example IT services, cleaning, security, consulting or transport.
  • Works: construction, renovation or civil engineering, for example roads, schools, water networks or public buildings.

In practice the lines can blur. Large projects combine several categories, for example building a hospital involves works, the supply of medical equipment and maintenance services. The main subject of the contract decides how it is classified, and that in turn shapes the rules and procedure the authority applies.

The principles behind the rules

The whole system rests on a few principles that protect both public money and the firms that compete. Knowing them helps you understand why procedures look the way they do, and what you can point to if something seems unfair.

  • Transparency: notices, requirements and results are published, and a bidder has the right to know the award rules before submitting.
  • Equal treatment and non-discrimination: every firm competes on the same terms, regardless of size or country of origin.
  • Fair competition: the specification cannot be written to favour one particular supplier.
  • Proportionality: the requirements must match the scale of the contract and cannot narrow the market without good reason.

How the public procurement system works

The process is repeatable and looks similar across most procedures. The steps below follow the path from notice to signed contract, seen from the perspective of a company that wants to bid.

  • The authority plans the purchase and estimates its value. The value decides the procedure and whether the EU thresholds apply.
  • Publication of the contract notice. Contracts above the EU thresholds are advertised in the Official Journal of the EU through the TED database, alongside national portals.
  • Release of the tender documents. The core document is the tender specification, which defines the scope, the selection requirements and the award criteria.
  • The supplier prepares and submits a bid before the deadline, usually through an electronic procurement platform.
  • Evaluation of bids against the published criteria, for example price together with quality, experience or delivery time.
  • Award to the most economically advantageous tender, notice of the result, and signature of the contract.

For a plain overview of the full cycle aimed at first-time bidders, see Tenders at a glance. Before you commit resources to a bid, it also pays to decide whether the opportunity is worth pursuing, which we cover in go/no-go decisions in procurement.

Who can bid and who is covered by the rules?

Public procurement has two sides. The contracting authority is the body that awards the contract and spends public money, for example a ministry, a local authority, a hospital or a utility. The supplier is the company that competes for the contract and submits a bid.

In principle any company can bid, as long as it meets the selection requirements set out in the tender documents and is not subject to exclusion. Company size is not a barrier: both large groups and small firms win public contracts, and smaller suppliers often bid jointly as a consortium or rely on the capacity of other firms. Typical requirements cover technical and professional ability, relevant experience, financial standing and the absence of grounds for exclusion.

If a company's own capacity is not enough to meet the requirements, there are two proven routes. The first is a consortium, a joint bid by several firms that combine their experience and resources. The second is relying on the capacity of another entity, for example its experience or technical means, backed by a formal commitment. Part of the scope can also be given to a subcontractor, which authorities usually allow and ask about in the bid.

The obligation to follow the procurement rules sits with the authority, not the supplier. An authority applies the full regime once the contract value passes the relevant threshold. Below that level, purchases follow lighter internal rules while still respecting value for money and fair competition.

Public procurement in practice: examples by sector

Public procurement touches almost every sector in which the state or a local body buys something. The examples below show how the same mechanism looks different depending on the field.

  • Construction: building and renovating roads, schools, hospitals and networks. The bill of quantities and relevant track record matter most, and a large part of the market runs through subcontracting under a main contractor.
  • IT and technology: system rollouts, licences, maintenance and development services. Quality criteria and data security requirements are common.
  • Healthcare: the supply of equipment, medical devices and pharmaceuticals, plus service contracts for facilities. Technical parameters and continuity of supply carry a lot of weight.
  • Utilities and energy: installations, network upgrades and maintenance services, often funded through national and EU programmes.

In the EU, public procurement is governed by the procurement directives, transposed into each country's national law. The highest-value contracts are subject to the EU thresholds. Once a contract passes a threshold, it must be advertised in the Official Journal of the EU and run under the full EU procedure. The thresholds are revised by the European Commission on a regular cycle and differ by type of authority and subject matter.

LevelWhere advertisedRegimeNote
Below national thresholdAuthority's internal rulesLight-touchValue for money and fair competition still apply
National (above national threshold)National procurement portalNational procedureFull formal requirements
EU (above EU thresholds)Official Journal of the EU and TEDEU procedureLonger deadlines, EU-wide reach

Always check the current figures, because the thresholds change every two years. The practical takeaway for a supplier is simple: the higher the contract value, the more formal the procedure and the wider the field of competitors, including firms from other countries.

For smaller firms, the most attractive segment is often national contracts and those just below and just above the national threshold. Competition there tends to be lighter than in large EU-wide procedures, and the requirements are easier to meet. It is a good place to build the first references that later open the door to bigger contracts.

Types of procurement procedure

The directives set out several procedures. The authority chooses the procedure based on the value and nature of the contract. The most common are:

  • Open procedure: any interested company may submit a bid, typical for large contracts.
  • Restricted procedure: two stages, first a request to participate, then bids from shortlisted suppliers.
  • Competitive procedure with negotiation and competitive dialogue: used for complex contracts where the solution is hard to define up front.
  • Innovation partnership and negotiated procedure without prior publication: reserved for specific situations set out in the rules.

Beyond one-off contracts, authorities also use longer-term purchasing tools such as framework agreements and dynamic purchasing systems, which are worth knowing because they open access to repeat business.

Key documents and concepts

A handful of terms appear in every procedure. Understanding them shortens bid preparation and reduces the risk of a formal mistake.

  • Tender specification: the most important document, defining the scope, the selection requirements, the award criteria and the draft contract.
  • CPV codes (Common Procurement Vocabulary): a single classification of the subject matter, used to search for tenders that match a company's profile.
  • Award criteria: price together with quality criteria such as experience, warranty or delivery time.
  • Selection requirements and grounds for exclusion: what a bidder must prove, and the situations that rule a bidder out.

Pay attention to the weighting of the criteria. Price is rarely the only factor today. Authorities increasingly award points for quality, team experience, warranty period, environmental aspects or delivery time. That means a firm with a slightly higher price but a strong quality section can beat the cheapest bid. Before you build a quotation, read carefully what the points are given for.

Two of these areas cause the most practical trouble. How to work with CPV codes to find better-fit tenders faster is covered separately, as is how to check your bid's compliance with the tender requirements before you submit.

Bidding across borders

One of the strengths of the EU system is that a contract advertised in one country is open to suppliers from across the single market. For a company that wants to grow, cross-border tenders widen the pipeline well beyond the home market. The first steps differ from a domestic bid, mostly around documents, language and proof of eligibility.

If you are looking beyond your home market, start with how to enter public tenders abroad. For the wider market picture and where it is heading, see Public Procurement in Europe: Trends for 2026, and for the business case, 5 reasons public procurement is a game changer.

How to keep up with public tenders

The main operational challenge is not the procedure itself, it is scale. Notices appear across many portals and databases, and every tender comes with a full set of documents to read. Searching manually and reading the whole documentation takes hours before a firm even decides whether a bid is worth it.

This is where automating the first review helps. Minerva monitors more than 4,500 sources a day and reads the full tender documentation, not only the CPV codes, including scanned PDFs through OCR. Semantic search matches opportunities to a company's profile even when the exact keywords are missing. Instead of opening every file by hand, you get a concise view of the key requirements, materials and conditions, with a citation back to the place in the document, so you can check the source and reduce the risk of missing something.

That first review supports a fast go/no-go decision, and a built-in CRM and Kanban board help you run the tenders you keep, from qualification to submission. Verification and full cost estimation stay with your team. Minerva compresses the most time-consuming first step so the team can focus attention on the tenders that are genuinely worth pursuing.

Where to find tenders in the first place is covered in where to find public tenders in Europe, and how to choose the right tool in how to choose AI tender software. Want to see it on your own tenders? Book a call with the Minerva team.

Frequently asked questions

What is public procurement in simple terms?

It is the paid contracts that public bodies award to companies for goods, services or works, granted through open, published rules because they are funded with public money. In the EU these rules come from the procurement directives.

Who can bid on public contracts?

Any company can bid, provided it meets the selection requirements in the tender documents and is not subject to exclusion, regardless of size. Smaller firms can bid jointly as a consortium or rely on the capacity of other companies to meet the requirements.

What is the difference between a contracting authority and a supplier?

The contracting authority is the public body that awards the contract and spends public money. The supplier is the company that competes for the contract and submits a bid. The duty to follow the procurement rules sits with the authority.

What are the EU procurement thresholds?

They are values set by the European Commission above which a contract must run under the full EU procedure and be advertised in the Official Journal of the EU through TED. The thresholds are revised every two years and differ by type of authority and subject matter.

What is a tender specification?

It is the central document of a procedure. It defines the scope of the contract, the selection requirements, the award criteria and the draft contract. Bid preparation starts from this document.

Where can I find public tender notices?

Contracts above the EU thresholds are published in the Official Journal of the EU and the TED database, alongside national portals for domestic contracts. In practice, companies also use tools that bring many sources together so they do not have to search each portal separately.

What is the difference between a tender and public procurement?

Public procurement is the broader term: every paid contract a public body awards for goods, services or works. A tender is one of the procedures through which such a contract is awarded. In everyday language the two are used interchangeably, but formally a tender is part of the wider procurement system.

What is a consortium in a tender?

A consortium is a joint bid by several firms that combine their experience and resources to meet the selection requirements together. The firms are jointly liable for delivery and appoint a lead to represent the group. It is a common way for smaller companies to compete for larger contracts.

How long does a procurement procedure take?

It depends on the procedure and the value. National procedures can close within a few weeks, while large EU-wide procedures run from several weeks to several months, from notice to signed contract. Bid deadlines are shorter in national procedures and longer above the EU thresholds.

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