Table of Contents
Appendix
2024-02 updates
OJEU thresholds retired to appendix with note to show no longer required in UK.
Updated thresholds added as recommended by internal auditor ref SI 2023 No 1117 and SI 2022 No 1390
[Retired threshold for reference] Estimated contract value Over OJEU threshold
Contract requirements:
As of 1 January 2021 procurement notices from UK Contracting Authorities and Contracting Entities will not be published anymore within the OJEU as the EU rules on public procurement will cease to apply to and in the United Kingdom.
See: https://ojeu.com/brexit.html
Prior to 11pm 31st December 2020:
OJEU thresholds – European legislation must be followed. Professional support required by procurement regulations to do a full tender according to the EU/UK regulations.
After 31 December 2020:
Find a tender service is now in use. The Clerk and RFO will check the latest updates to any relevant EU and UK law for any additional requirements for contracts over the OJEU threshold. The guidance sets out:
At 11pm on 31 December 2020, the Find a Tender service replaced Tenders Electronic Daily (TED) in the UK public procurement process. UK buyers who previously published OJEU notices on TED will now do that on Find a Tender. Notices published before this change are still on TED.
You can use Find a Tender to search for high-value opportunities or awarded contracts, typically over £122,976 but varying in some cases, across the whole of the UK.
Requirements to publish on other services are unchanged, and you can find information on contracts over £10,000 (or £25,000 outside central government) on:
Contracts Finder for England and other non-devolved parts of the UK
Public Contracts Scotland for Scotland
Sell2Wales for Wales
eSourcing NI and eTendersNI for Northern Ireland
https://www.find-tender.service.gov.uk/Search
OJEU Thresholds:
EU Procurement Directive thresholds at 1st January 2020 for ‘Other Contracting Authorities’: Supplies & Services: £189,330, Works: £4,733,252
https://www.gov.uk/government/publications/procurement-policy-note-new-thresholds-2020
https://www.ojec.com/Thresholds.aspx
26-1-21: Notes for consideration at review:
To note: ‘Find a Tender’ is now to be used. see: https://www.find-tender.service.gov.uk/Search and https://www.gov.uk/government/publications/procurement-policy-note-0820-introduction-of-find-a-tender
Changes in the procurement policy due to Brexit are outlined on the government website, see: https://www.gov.uk/guidance/public-sector-procurement#organisations-that-publish-direct-to-ojeuted
To note:
1. Find a Tender is in use.
2. Procurements on OJEU/TED that were commenced prior to the end of the Transition Period must be concluded on OJEU/TED.
3. New procurements commenced after the end of the Transition Period must be advertised on Find a Tender.
4. Requirements to advertise on Contracts Finder, MOD Defence Contracts Online, Public Contracts Scotland, Sell2Wales and eTendersNI remain unchanged.
UK law (not EU law) requires tenders over £10,000 GBP to be published domestically withing the UK. (£25000 for parish councils) his much lower than the OJEU Threshold required by EU law.
Research links:
https://www.gov.uk/government/publications/procurement-policy-note-new-thresholds-2020
https://www.gov.uk/government/publications/procurement-policy-note-0716-legal-requirement-to-publish-on-contracts-finder
https://www.gov.uk/government/collections/procurement-policy-notes
https://www.gov.uk/government/publications/procurement-policy-note-0820-introduction-of-find-a-tender
Members-only resources
https://www.nalc.gov.uk/library/members-library/legal-topic-notes/contract/1858-87-procurement-january-2016-1/file
Thresholds, Article 4(a) of the Public Contracts Directive:
https://www.legislation.gov.uk/uksi/2015/102/regulation/5/made
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0024&from=EN#d1e2562-65-1
https://www.ojec.com/thresholds.aspx