The University of Cambridge is not a public body within the meaning of the Public Contracts Regulations 2015 (Directive 2014/24/EU) as amended by the Public Procurement (Amendment) (EU Exit) Regulations 2020 and is not subject to the European procurement legislation.
Where the University advertises contracts via the UK e-notification service, it does so on a voluntary basis and does not undertake any obligation to comply with the procurement legislation. The University reserves its rights in full to adapt or step outside the procedures in the procurement legislation as the University considers necessary. Where the University advertises contracts in the Official Journal of the European Union (OJEU), it does so on a voluntary basis and does not undertake any obligation to comply with the procurement legislation. The University reserves its rights in full to adapt or step outside the procedures in the procurement legislation as the University considers necessary.
The University will only advertise contract opportunities in the OJEU where the requirements of project funding mandate that it is tendered under the Regulations. In such circumstances, a contract opportunity notice will also be published on the Governments Contracts Finder portal if the value of the opportunity is over the thresholds set by the University.
In exceptional circumstances only where the regulations may apply to a specific procurement, authorisation to not follow the Public Contract Regulations may be granted by the Director of Finance (for goods and services) or the Director of Estates Division and Building Services (for property and construction and related procurement) in accordance with Regulation 32 of the Public Contract Regulations.
For any contract that you believe may fall within scope of the Regulations it is vital that early engagement is made with Procurement Services as there are minimum timescales that apply under the Regulations that must be adhered to.
On a related matter, the University of Cambridge does not support the use Crown Commercial Services ('CCS') frameworks, platforms or contracts for the following reasons:
- All activities with CCS are under OJEU. University of Cambridge is not a public body within the meaning of the Public Contract Regulations 2015 (Directive 2014/24/EU) and is not subject to the European procurement legislation and cannot guarantee compliance to the competition mechanisms laid out in the CCS frameworks, platforms or contracts as required by law.
- CCS terms and conditions of contract with contracting parties under its frameworks, platforms or contracts as required by law are non-negotiable and not acceptable to the University of Cambridge
- Cost benchmarking activities have identified those contracting parties which are exempt under Public Contract Regulations 2015 (Directive 2014/24/EU) can secure better commercial outcomes through competitive tendering directly with the market
Frequently asked questions on OJEU
The threshold at which EU procedures apply is calculated every two years. The current value can be found here.
The threshold applies to the aggregate value of all contracts for the purchase, lease, rental or hire of goods and services of a similar type (and also construction contracts).
The University or its Departments need to determine whether goods or services are similar. Aggregation is determined at the level at which the purchasing decision is made (department, faculty, University wide for example). It is not necessary to aggregate if it does not make commercial sense to purchase goods together.
For the University, the threshold normally applies at Departmental level, except for goods and services purchased centrally.
Aggregate values may be calculated by one of the following methods:
- the total value of goods and services purchased during the last financial year; or
- the estimated total value of all contracts expected to be placed in the next financial year, or during the term of the contract if that is longer; or
- where contracts have no definite duration, 48 x the monthly value.
There are a variety of options for tendering under the EU procedures. Each option has its own merits and may work better under certain situations. Procurement Services will discuss each procedure with you to determine the most suitable.
| Open Procedure | All bids must be evaluated in full |
| Restricted Procedure | A two stage process, where only shortlisted bids need to be evaluated in full |
| Light Touch Procedure | Only suitable for services such as Health, Social, Hotel and Restaurant, Legal etc. Very few requirements |
| Competitive Procedure with negotiation | A complex process, with rounds of negotiation with suppliers over the specification before choosing a supplier. Seek Procurement Services advice. |
| Competitive Dialogue | A very complex process, with rounds of negotiation with suppliers to help determine the specification and supplier. Seek Procurement Services advice. |
| Innovation Partnership | A complex process designed to help develop innovative products, services or works that are not yet available on the market. Seek Procurement Services advice. |
| Negotiated Procedure without prior publication |
This procedure is only to be used if:
Seek Procurement Services advice. |
The table below sets out the minimum timescales (in calendar days) for the tender process. Obviously, this process only starts once a specification is ready to be issued as part of an Invitation to Tender. There will be time required to develop the specification prior to any tender.
| Open Procedure | 30 days |
| Restricted Procedure | 45 days |
| Light Touch Procedure | to be decided between department and Procurement Services |
| Competitive Procedure with negotiation | 45 days |
| Competitive Dialogue | 30 days |
| Innovation Partnership | 30 days |
| Negotiated Procedure without prior publication |
not applicable |
Procurement Services will advertise your opportunity through the Official Journal of the European Union (OJEU). Once a tender has been completed and awarded, we will also issue the Contract Award Notice through OJEU.
Because the EU encourages open and transparent competition which is delivered through competitive tendering, opportunities must be placed in the Official Journal which is made publicly available.
We cannot restrict which suppliers see the opportunity.
Whilst Procurement Services will manage the EU procedure on your behalf, we will require departments to provide a clear specification and be available to respond to queries. We would expect this with any tender, whether above the EU threshold or below.
Departments should also record the following information, which will be required in compiling an annual report for HEFCE:
- the number and value of contracts above the threshold .
- the type of goods and services procured
- whether the Open, Restricted, Competitive Dialogue or Negotiated procedure was used
- the nationality of the supplier selected