Post-Brexit, the UK’s public procurement system underwent a mass transformation, stepping away from the European Union’s (EU) OJEU jurisdiction and towards UK-based “Find a Tender” and continuity of Public Contract Regulations 2015 (PCR 2015).
But what does this mean for public procurement, and how might it affect Small and Medium Enterprise (SME) suppliers?
What is OJEU?
OJEU stands for the Official Journal of the European Union. It refers to a publication where public sector procurement notices for EU member states are published. The OJEU serves as a central platform for announcing and advertising public procurement opportunities that exceed certain financial thresholds.
The publication is divided into two main sections: the "Tenders" section, which includes contract notices, contract award notices, and periodic indicative notices; and the "Supplement" section, which contains additional information, such as contract modifications or lists of approved suppliers.
Similar to the UK’s PCR and “Find a Tender” processes, the OJEU is an essential part of the EU public procurement process as it aims to ensure transparency, fairness, and equal access to public contracts by allowing companies from EU member states to compete for government contracts. The publication helps to promote competition and prevent favouritism in the public procurement process, mirroring the processes that the UK adopted post-Brexit.
UK procurement post-Brexit
Post-Brexit, the UK is no longer a member of the EU and so is not bound by EU regulations, including those related to public procurement. As a result, the UK has implemented its own public procurement system and no longer participates in the OJEU.
In the UK, public procurement is governed by the Public Contracts Regulations 2015 (PCR 2015), which were retained after Brexit. The UK government introduced the “Find a Tender” service as the national platform for publishing public procurement notices in the UK. This platform serves as the counterpart to the OJEU for advertising public sector procurement opportunities in the UK.
2023 procurement thresholds
While the UK is no longer part of the OJEU, it is worth noting that the OJEU is still relevant for EU member states and other countries participating in EU procurement procedures. UK businesses can still access EU procurement opportunities by monitoring the OJEU if they wish to compete for contracts within the EU market.
For companies looking to the EU for procurement opportunities, the updated 2023 thresholds have been compiled below:
Public Contracts
Contracts relating to public authorities, which includes government departments, local authorities, and healthcare authorities.
| Supply, services and design contracts | Works contracts | Social and other specific services | |
|---|---|---|---|
| Central Government | €140,000 | €5,382,000 | €750,000 |
| Other contracting authorities | €215,000 | €5,382,000 | €750,000 |
| Small lots | €80,000 | €1,000,000 | N/A |
Utilities Contracts
Contracts relating to certain utility companies operating in the energy, water, and transport sectors.
| Supply, services and design contracts | Works contracts | Social and other specific services | |
|---|---|---|---|
| Defence and Security authorities | €431,000 | €5,382,000 | €1,000,000 |
Defence and Security Public Contracts
Contracts relating to entities operating in the fields of defence and security.
| Supply, services and design contracts | Works contracts | Social and other specific services | |
|---|---|---|---|
| Utility authorities | €431,000 | €5,382,000 | N/A |
Concession Contracts
Concessions are contracts for pecuniary interest by means of which one or more contracting authorities, or contracting entities, entrusts the execution of works, or the provision and the management of services, to one or more economic operators.
| Concession Contracts | |
|---|---|
| Authorities | €5,382,000 |
Where to find OJEU contracts
Similar to the UK approach of posting all public procurement opportunities on “Find and Tender” and “Contracts Finder”
If, instead, you are looking for UK-based procurement opportunities, sign up to the free Tender Pipeline database. Updated daily, this collates all upcoming, live and past UK procurement opportunities. Sign up today or talk to our team to make sure you don’t miss out!
