Overview
The guidance documents are intended to provide technical guidance and help with interpretation and understanding of the Procurement Act 2023.
The guidance documents should be read in conjunction with the Procurement Act 2023 and its associated regulations and are aimed at procurement practitioners and commercial policy leads in contracting authorities. They are intended to provide technical guidance and help with interpretation and understanding of the Procurement Act 2023.
Preliminary market engagement under the Procurement Act 2023 (Act) takes place before the publication of a tender or transparency notice and helps contracting authorities and the market prepare for the procurement. This engagement is of particular importance under the Act, where contracting authorities have significant flexibility to design and tailor their competitive procurement procedures. However, this engagement must be conducted in a way that does not give a supplier an unfair advantage or distort competition.
The Act also includes a provision for contracting authorities to publish a preliminary market engagement notice. The notice is used to invite suppliers to participate in preliminary market engagement or to notify the market that engagement has taken place. Notices can help to ensure a level playing field and also serve to attract new entrants.
Legal framework
- Sections 16-17
Other guidance relevant to this area
- Covered procurement objectives
- Competitive tendering procedures
- Direct award
- Conflicts of interest