Overview
This regulation provides that, before commencing a procurement procedure, contracting authorities may undertake market consultations in order to prepare the procurement and inform suppliers of their procurement plans and requirements.
As part of such market consultations contracting authorities may, for example, obtain advice from independent experts or authorities or from market participants which may be used in the planning and conduct of the procurement.
Any use of information obtained in market consultations must not have the effect of distorting competition or result in violation of the principles of non-discrimination and transparency.
Objective at this commercial stage
Where appropriate, contracting authorities should undertake preliminary engagement with the market, to either inform the market of any procurement plans or requirements or to assist with the preparation of any procurement process.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that preliminary market consultations are undertaken where it is considered that these would be beneficial in assisting with the planning, preparation and conduct of the procurement
- ensure that appropriate systems, measures and procedures are put in place to identify information that, should it be used to inform the procurement process, could potentially result in a distortion of competition
- be mindful of the principles of non-discrimination and transparency during the conduct of preliminary market consultations.
Legal framework
See also in the Procurement Act 2023:
- Section 16: Preliminary market engagement
- Section 17: Preliminary market engagement notices
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
