• Any competitive procedure you consider appropriate to award the public contract.
• Buyers must explain in the tender notice the process they intend to use to run the procedure.
  • This could be as simple as running a process akin to a restricted, i.e., a simple two stage process with no scope for negotiation.
  • Or they could tailor the process to include negotiation or dialogue.
  • They could invite tenders from all and then invite the top scores to negotiate and determine the MAT following best and final tenders.
• There is lots of potential, and it gives buyers the freedom to use their commercial skills to get the best from the market.

Use it responsibly:

• Need to be useful – but don’t run away with IP and USPs: no bidder likes to see their good ideas replayed verbatim as a contract requirement.
• Don’t just pay it lip service: bidders won’t engage fully in the process if they cannot see any impact.
• Don’t create a problem for potential bidders:

• Must treat the supplier as an excluded supplier if the PME has put the supplier at an unfair advantage / advantage cannot be avoided (see section 16(4) and (5))
• Don’t rush it: need time to incorporate results into the design or substance of the competition.

Different methods

• Surveys, questionnaires, B2B meetings, webinars, conferences, presentations, interviews, demonstrations, site visits etc.
• Can be quite arms-length or involved.
• Keep a record (see section 98)
• Consider feeding back and publish results- to avoid an advantage being conferred.

• Section 16(1): BEFORE publishing a tender notice (can be after the planned procurement notice – see section 15).
• Built into the procurement programme.
• Must publish a ‘preliminary market engagement notice if carrying out PME (s 17(1))
• Before tender notice OR provide reasons why you didn’t PME in the tender notice (s 17(1)(b))

Section 16(1) Procurement Act 2023:

• Develop the requirements and approach to the procurement.
• Designing the procedure (including conditions of participation / award criteria)
• Preparing the tender notice and tender documents
• Identifying potential suppliers
• Identifying likely contractual terms
• Building capacity among suppliers in relation to the contract
• Can help:
  • Openly and transparently discuss the procurement and get a better understanding of the issues.
  • Design of the competition and timing: is it going to work for your bidders?
  • Warm up the marketplace: get them excited in the opportunity.
  • Help articulate the requirement – how much is it going to cost / what are the barriers to overcome.
  • Opportunities for innovation, social value, net zero aspects

This flowchart demonstrates the notices and other information that you may publish throughout the end-to-end procurement lifecycle (depending on the procurement procedure followed, the nature of the contract and I or the contracting authority). This is for illustrative purposes only.