Source: https://tendernation.io/glossary/preliminary-market-engagement

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Glossary

# Preliminary market engagement

Conversations a buyer has with suppliers before publishing a tender, to shape its requirements, procedure and contract terms.

Updated 14 Oct 2026

Preliminary market engagement is when a buyer talks to suppliers and other experts before it publishes a tender. It might be a questionnaire, a supplier day, one-to-one meetings or a published draft specification for comment.

## What it means

[Section 16 of the Procurement Act 2023](https://www.legislation.gov.uk/ukpga/2023/54/section/16) allows buyers to engage with suppliers before publishing a tender notice, for purposes including:

- developing their requirements and approach to the procurement
- designing the procedure, conditions of participation or award criteria
- identifying suppliers that may be able to supply what they need
- identifying likely contract terms
- building capacity among suppliers

Section 16(3) requires the buyer to make sure participating suppliers are not put at an unfair advantage and that competition is not otherwise distorted.

Under [section 17](https://www.legislation.gov.uk/ukpga/2023/54/section/17), a buyer that carries out preliminary market engagement must either publish a preliminary market engagement notice before the tender notice or explain in the tender notice why it did not. The government's [preliminary market engagement guidance](https://www.gov.uk/government/publications/procurement-act-2023-guidance-documents-define-phase/guidance-preliminary-market-engagement-html) covers good practice.

## Why it matters for SMEs

This is the stage where you can still influence a procurement. If a draft specification demands things that rule out small suppliers, such as high turnover requirements, a single large lot or unnecessary accreditations, engagement is the time to say so. Once the [tender notice](/glossary/tender-notice) is out, the buyer has far less room to change course.

Engagement also gives you an early look at what is coming, and a chance for the buyer to learn your name.

## Practical tip

Respond to every engagement notice in your field, even briefly. Be constructive: explain what would let SMEs bid (for example, [lots](/glossary/lots) or proportionate financial checks) and back it with facts about the market. Do not try to write the specification around your own product, as buyers are wary of that and must keep competition fair.

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## Nearby terms

- [OOpen procedureA single-stage competitive tender, open to any supplier, where everyone submits a full bid by the same deadline.](https://tendernation.io/glossary/open-procedure)
- [PPayments compliance noticeA notice public buyers publish twice a year showing how well they have met the 30-day payment rule on their public contracts.](https://tendernation.io/glossary/payments-compliance-notice)
- [PPipeline noticeAn annual notice from buyers spending over £100 million a year, listing contracts over £2 million they plan to tender in the next 18 months.](https://tendernation.io/glossary/pipeline-notice)
- [PProcurement Act 2023The UK law that has governed most public sector buying in England, Wales and Northern Ireland since 24 February 2025.](https://tendernation.io/glossary/procurement-act-2023)
- [PProcurement thresholdsThe contract values, including VAT, at or above which a public contract must follow the full competitive rules of the Procurement Act 2023.](https://tendernation.io/glossary/procurement-thresholds)
- [RRe-tenderA new procurement run for work that is already being delivered under a contract that is ending or being replaced.](https://tendernation.io/glossary/re-tender)

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