EU procurement: a guide to cross-border bidding

TED (Tenders Electronic Daily) is the EU's official public procurement notice portal at ted.europa.eu. All above-EU-threshold procurements from all EU and EEA countries are published on TED. For Finnish bidders, TED is a window to hundreds of thousands of procurement opportunities across Europe.

TED's search functions are comprehensive: you can search by CPV code (product classification), target country, contracting authority, or free keyword. The alert function is particularly useful, sending email notifications about new procurements matching your search criteria. You can also filter results by procurement procedure, procurement type (goods, services, works), and publication date.

TED has four main notice types: a Prior Information Notice announces an upcoming procurement, a Contract Notice is the actual request for proposals, a Contract Award Notice reports the winner and contract value, and a Voluntary Ex-Ante Transparency Notice (VEAT) announces a direct award. For bidders, contract notices and prior information notices are the most important.

It is important to understand that TED notices are often summaries and translated. The actual tender documents — with appendices — are typically available only in the contracting authority's local procurement system and often only in the local language. However, TED provides a good overview and a link to the documents.

The EU has transitioned to the eForms notice format, replacing the previous TED forms. The new format brings more structured notices that are easier to machine-read. For bidders, this means better search functionality and more precise information about procurement content already at the notice stage.

eForms include more information about the procurement's strategic objectives: environmental requirements, social considerations, and innovation goals are more clearly visible. This helps bidders assess early on whether a procurement fits their company's profile and how to position their tender.

The eNotices2 service is used for publishing notices, replacing the previous eNotices system. Contracting authorities can also use eSenders service providers to submit notices. Bidders do not need to worry about the publishing side, but understanding the eForms structure helps in interpreting notice content.

The eForms transition has also brought challenges: not all member states have adopted all eForms features on the same timeline, so the level of detail in notices varies by country. However, TED's search functions are improving as eForms data accumulates.

EU public procurement rules are based on three directives. The Classical Procurement Directive (2014/24/EU) covers general public procurements and is the most important for most bidders. The Utilities Directive (2014/25/EU) covers water, energy, transport, and postal services with more flexible procedures. The Concessions Directive (2014/23/EU) covers concessions where the bidder assumes operational risk.

Thanks to the directives, the fundamental principles are the same in every EU country: non-discrimination and equal treatment, openness and transparency, proportionality, and the ESPD for preliminary demonstration of eligibility. A Finnish bidder cannot be treated differently from a local bidder in any EU country.

However, national legislation supplements the directives with specifics: thresholds, deadlines, national procedures, and appeal channels vary by country. Therefore, EU-level knowledge alone is insufficient — the bidder must also understand the target country's local practices. For example, Germany is extremely strict about formal errors, while Nordic countries are more flexible.

Each member state has implemented the directives into its own national legislation. In Finland, this is the Procurement Act (hankintalaki 1397/2016), in Sweden LOU (Lagen om offentlig upphandling), and in Germany GWB (Gesetz gegen Wettbewerbsbeschränkungen). The directives guarantee a minimum standard, but national law may impose stricter requirements.

Language is the single biggest challenge in cross-border bidding. TED notices are translated, but the actual tender documents and appendices are rarely in English — they are typically only available in the contracting authority's local language. The tender itself usually needs to be submitted in the same language. Translation costs are an investment whose return must be evaluated before making a bid decision.

For administrative requirements, the ESPD is the bidder's advantage: it works the same way in all EU countries. However, certificates vary by country. The winner must provide local certificates — Finnish certificates are accepted, but they may require official translation and an apostille. The EU's e-Certis tool (ec.europa.eu/tools/ecertis) shows what certificates each country requires.

The contract is generally governed by the contracting authority's country's law, and disputes are resolved in local courts. This means the bidder must understand the target country's contract law and may need to obtain local legal advice. VAT treatment in cross-border services must also be clarified in advance.

Each country has its own electronic procurement system where the bidder must register. Systems vary significantly: the Netherlands' TenderNed is user-friendly, Germany's federal structure means multiple state-level portals, and France's PLACE system requires local knowledge. Register early — obtaining system credentials can take days.

Sweden is the most natural first cross-border market for most Finnish companies. The legislation is closest to Finland's and the cultural distance is small. The procurement system is TendSign (Mercell). The language is Swedish — English-language tenders are rare. Notably, small procurements are often made through direct awards, so non-published opportunities are also worth monitoring.

Norway is an EEA country that follows EU directives and offers abundant opportunities thanks to its significant public sector. The procurement system is Doffin/Mercell. The language is Norwegian (bokmål or nynorsk). Denmark uses the udbud.dk portal and the municipal Ethics system. SKI is Denmark's central purchasing body, equivalent to Finland's Hansel.

Estonia stands out with its highly digitalized public sector. The procurement system is Riigihangete register (rhr.riik.ee). Particularly in IT procurements, tenders are often available in English, lowering the barrier. Thresholds are lower than in the Nordics, so smaller procurements are also available.

The Nordics and Baltics are a strategically sensible starting market for cross-border bidding: cultural and linguistic distances are small, procurement practices are familiar, and logistical distances are manageable. Especially for IT and technology companies, where remote work and digital delivery are the norm, these markets offer excellent opportunities.

Germany is the EU's largest public procurement market. Its federal structure means each state has its own procurement portal in addition to the federal service.bund.de portal. The language is almost always German — English-language tenders are extremely rare. In Germany, formality is strong: even minor formal errors can lead to tender rejection.

France is the EU's second-largest procurement market. The main portals are BOAMP (official notice channel) and PLACE (place-ep-marches.fr, electronic tender system). The language is French. In France, the local supplier network is strong and cross-border competition is lower — success often requires a local partner or strong French language skills.

The Netherlands stands out with its open and competitive market. TenderNed (tenderned.nl) is a user-friendly portal. IT and consulting procurements in particular are often available in English, making the Netherlands an attractive target market for Finnish technology companies.

Italy's ANAC (anticorruzione.it) and Spain's PLACSP (contrataciondelestado.es) are Southern Europe's main portals. In these countries, the local language and business culture are even more prominent, and cross-border bidding without a local partner is challenging. It is advisable to target these markets only after gaining experience in northern target markets.

Cross-border bidding is particularly worthwhile in four situations: when you have unique expertise or technology not available in the target market, when you can offer more competitively through economies of scale, when the target market is culturally and linguistically close (Nordics, Baltics), or when the industry allows remote work and digital delivery (IT, technology, consulting).

Conversely, cross-border bidding is generally not worthwhile for services requiring continuous local presence (facility management, catering services), when language risk cannot be managed and translation costs exceed the margin, or when the procurement value is so small that the bidding cost is disproportionate.

Often the most effective way to start cross-border bidding is through a local partner. There are three options: a consortium, where you submit a joint tender with a local company; a subcontractor strategy, where you bid alone but use a local subcontractor for execution; or an agent, who monitors procurement notices and prepares tenders in the target market.

Before deciding on cross-border bidding, realistically assess total costs: translations, potential travel, local legal advice, procurement system registration, and VAT investigations. The first cross-border tender is always a learning investment — the real benefit comes from repeatability and accumulated experience in the target market.

The WTO's Government Procurement Agreement (GPA) is a public procurement agreement that extends the market beyond the EU. The EU is a party to the GPA, meaning Finnish companies can also bid on public procurements in GPA countries — such as the USA, Canada, Japan, and South Korea. GPA thresholds may differ from EU thresholds and generally require local registration in the target country's procurement system.

The EU funds significant procurements through development cooperation and foreign relations. The European External Action Service (EEAS) and DG INTPA fund procurements in developing countries, governed by PRAG rules (Practical Guide). Tender notices are published on the EU's Funding & Tenders portal, which is separate from TED.

The most significant EU funds include the European Defence Fund (EDF) for defense R&D, Horizon Europe for research and innovation, Digital Europe Programme for digitalization projects, and InvestEU for investment programs. These offer opportunities particularly for technology and research companies, and the application processes differ from traditional public procurement.

GPA and EU fund procurements typically require an English-language tender and international experience. They are best suited for companies that already have cross-border bidding experience within the EU and want to expand globally. First steps can be taken by monitoring Funding & Tenders portal notices in your industry.

Before bidding in another EU country, go through the following 10 points: 1) Check the TED notice and the contract notice language. 2) Determine the tender document language and assess translation needs and costs. 3) Register with the target country's electronic procurement system well in advance — obtaining credentials can take days.

4) Check the e-Certis service for what certificates the target country requires and determine if an apostille is needed. 5) Prepare the ESPD — the same format as in Finland but potentially in the target country's language. 6) Determine the applicable law and dispute resolution venue — consider consulting a local lawyer.

7) Realistically assess language and translation costs relative to the procurement value. 8) Evaluate the need for a local partner for execution, language, and local presence. 9) Check VAT treatment in cross-border services — a tax obligation may arise in the target country. 10) Note apostille requirements for all certificates to be submitted.

The checklist is not a one-time exercise: keep it at hand for every cross-border tender. The first tender in a new target country requires the most groundwork, but subsequent ones proceed significantly faster once system credentials, translation templates, and local contacts are in place.