What is the difference between OJEU and UK procurement post-Brexit?

The key difference between OJEU and UK procurement post-Brexit is that the UK no longer uses the Official Journal of the European Union (OJEU) to advertise public contracts. Since 1 January 2021, UK contracting authorities publish procurement opportunities on the Find a Tender Service (FTS), the UK’s own replacement platform. The underlying legal framework has also changed, with the Procurement Act 2023 now replacing the EU-derived regulations that governed public procurement in the UK for decades.

This shift affects public sector organisations, suppliers, and procurement teams across the country. Whether you are a contracting authority running a compliant tender or a supplier looking to win public contracts, understanding how UK procurement rules now differ from the EU system is essential. The sections below address the most common questions procurement professionals ask about OJEU versus UK procurement post-Brexit.

What replaced OJEU for UK public procurement after Brexit?

The Find a Tender Service (FTS) replaced OJEU for UK public procurement after Brexit. From 1 January 2021, all UK contracting authorities that previously advertised above-threshold contracts in the OJEU were required to publish those notices on FTS instead. The service is free to use for both buyers and suppliers and is managed by the UK government.

Prior to Brexit, the UK was legally required to advertise public procurement opportunities in the OJEU as part of its obligations under EU procurement directives. Once the UK left the EU single market, those obligations fell away. The government developed FTS as a direct functional replacement, maintaining the same core principle of open, transparent advertising of public contracts above defined financial thresholds.

FTS operates alongside Contracts Finder, which continues to be used for below-threshold contracts in England. Scotland, Wales, and Northern Ireland also maintain their own procurement portals (Public Contracts Scotland, Sell2Wales, and eTendersNI respectively), so the UK’s procurement advertising landscape is now a network of national and devolved platforms rather than a single European journal.

How do UK procurement thresholds differ from EU thresholds?

UK procurement thresholds broadly mirror the EU thresholds but are now set and updated independently by the UK government rather than by the European Commission. The values are expressed in pounds sterling and are reviewed periodically. In practice, the threshold levels have remained closely aligned with EU figures, but they are no longer automatically synchronised with EU updates.

Under the Procurement Act 2023, which came into force in February 2025, the thresholds that trigger the requirement to use FTS and follow the full regulated procurement process are:

• Central government authorities: approximately £139,688 for goods and services
• Sub-central contracting authorities (including local authorities, NHS bodies, and housing associations): approximately £213,477 for goods and services
• Works contracts: approximately £5,372,609 across all contracting authorities
• Light-touch regime contracts (social and other specific services): approximately £663,540

One important distinction is that the UK now has the freedom to adjust these thresholds through its own legislative process, without needing to align with EU review cycles. Procurement teams should check the current published thresholds annually, as they can be updated to reflect economic conditions or policy decisions.

What regulations now govern public procurement in the UK?

Public procurement in the UK is now governed primarily by the Procurement Act 2023, which came into force in February 2025 and replaced the previous suite of EU-derived regulations, including the Public Contracts Regulations 2015, the Utilities Contracts Regulations 2016, and the Concession Contracts Regulations 2016. The Act represents the most significant reform of UK public procurement law in a generation.

The Procurement Act 2023 introduced several structural changes compared to the old EU-based framework:

• A single, unified legal framework replacing multiple sets of regulations
• A new set of procurement procedures, including the Competitive Flexible Procedure, which gives contracting authorities more flexibility in how they design their procurement processes
• Stronger requirements around transparency, including mandatory publication of a wider range of notices throughout the procurement lifecycle
• New provisions around supplier debarment, creating a central debarment list managed by the Cabinet Office
• Revised rules on conflicts of interest and procurement pipelines
• Greater emphasis on social value and the consideration of wider public benefit

For public sector organisations in Scotland, the position is slightly different. Scotland retained its own procurement legislation, the Procurement Reform (Scotland) Act 2014, and continues to apply EU-equivalent thresholds and procedures under its own framework, though it is no longer bound by EU directives.

Can UK suppliers still bid for EU contracts advertised in OJEU?

UK suppliers can still bid for EU public contracts, but they no longer have an automatic right to do so under EU procurement law. Access now depends on the specific member state’s national rules, the nature of the contract, and whether any bilateral or multilateral trade agreements apply. In many cases, EU contracting authorities retain discretion to accept bids from non-EU suppliers.

The UK is a signatory to the World Trade Organization Government Procurement Agreement (GPA), which provides UK suppliers with access to public procurement markets in GPA member countries, including EU member states. This means that for contracts above GPA thresholds, EU contracting authorities are generally required to allow UK suppliers to compete on equal terms with domestic bidders.

However, UK suppliers should be aware that some EU contracts, particularly those below GPA thresholds or within sectors that are excluded from the GPA, may be restricted to EU-based bidders. UK organisations looking to bid for EU contracts should monitor the OJEU (now TED, Tenders Electronic Daily) directly and seek legal or procurement advice on eligibility before investing resources in a bid.

Do EU suppliers still have access to UK public contracts post-Brexit?

EU suppliers can still compete for UK public contracts, primarily through the GPA, which the UK joined independently after leaving the EU. For contracts above GPA thresholds, UK contracting authorities are required to open competition to suppliers from all GPA member countries, which includes all EU member states. EU suppliers therefore retain meaningful access to the UK public procurement market.

For contracts below GPA thresholds, UK contracting authorities have more discretion. There is no longer an automatic obligation to accept bids from EU suppliers on the same terms as domestic suppliers, as the EU’s free movement of services and the mutual recognition principles no longer apply to the UK.

In practice, many UK contracting authorities continue to welcome bids from EU suppliers, particularly where the market is international or where specialist expertise is concentrated in certain European countries. However, EU suppliers should not assume automatic access and should review the specific requirements of each procurement notice carefully.

What do procurement teams need to do differently under the new UK rules?

Procurement teams operating in the UK public sector need to adapt their processes, documentation, and systems to comply with the Procurement Act 2023. The most significant changes involve new notice requirements, revised procedures, and updated supplier assessment frameworks. Teams that were operating under the Public Contracts Regulations 2015 cannot simply carry on as before.

Updated notice and transparency obligations

The Procurement Act 2023 introduces a broader set of mandatory notices compared to the old regulations. Contracting authorities must now publish pipeline notices for significant planned procurements, tender notices, award notices, and contract details notices within defined timeframes. The increased transparency obligations mean that procurement teams need clear internal processes for drafting and publishing notices accurately and on time through FTS.

New procedures and evaluation approaches

The Act replaces the old restricted, open, and competitive dialogue procedures with a streamlined set of options, including the new Competitive Flexible Procedure. This gives contracting authorities more freedom to design their procurement process to suit the complexity and nature of the contract, but it also requires procurement teams to make deliberate, documented choices about how they structure each exercise. Evaluation criteria and scoring methodologies must be clearly defined and published upfront, with less room for post-tender adjustment than some teams may have been accustomed to under older frameworks.

Supplier management and due diligence requirements have also evolved. The central debarment list means procurement teams must check supplier eligibility against this register as part of their standard process. Exclusion grounds have been updated, and the rules around conflicts of interest are more explicit than before.

For many public sector organisations, the shift to the Procurement Act 2023 has required investment in staff training, updated template documentation, and revised procurement strategies. Organisations that lack in-house capacity to manage this transition effectively may benefit from specialist support to ensure their processes remain compliant and competitive.

How eXceeding helps with UK public procurement compliance

eXceeding supports public sector organisations navigating the shift from OJEU to the new UK procurement framework. Whether you need help running a fully compliant tender under the Procurement Act 2023, understanding your obligations under the Find a Tender Service, or building internal capability to manage the new rules, eXceeding’s team of experienced procurement consultants can help. Key ways eXceeding adds value include:

• Designing and running compliant tender processes that meet the requirements of the Procurement Act 2023
• Advising on threshold calculations, notice obligations, and procedure selection
• Supporting supplier evaluation, due diligence, and debarment checks
• Providing interim procurement resourcing to fill skills gaps during periods of regulatory change
• Delivering training and guidance to help in-house teams understand and apply the new rules

eXceeding is independent and not tied to any suppliers, systems, or frameworks, which means every recommendation is made solely in your organisation’s best interest. If your procurement team needs support adapting to post-Brexit public procurement rules, get in touch with eXceeding to discuss how we can help.

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