Preliminary market engagement is early contact between a buyer and the market before a tender notice is published. Section 16 lets a buyer engage with suppliers to develop its requirements and approach, design the procedure or award criteria, prepare tender documents, identify capable suppliers, and build supplier capacity.
Where it appears in the Act. The buyer must take steps to make sure suppliers who take part are not put at an unfair advantage and that competition is not otherwise distorted (s.16(3)). Under section 17, if it carries out the engagement it must publish a preliminary market engagement notice before the tender notice, or give its reasons for not doing so in the tender notice.
Old terms. Under the Public Contracts Regulations 2015, buyers signalled plans with a prior information notice (PIN). gov.uk’s e-learning compares the PIN with the new planned procurement notice, which is a separate, optional notice under section 15. A preliminary market engagement notice is its own thing: it invites suppliers to take part in the engagement, or says it has already happened.
What it means for a small supplier. This is the cheapest chance to shape a contract before it is written, for example by pointing out that a lot size or insurance level would shut you out. gov.uk’s guidance says buyers can engage with everyone who expresses an interest, though a notice may say how numbers will be reduced. Take part if you can. It does not guarantee a place in the tender, and the buyer has to treat all suppliers fairly.
Next: how to find tenders.