Both public and private sector clients are increasingly turning to early market engagement sessions as a way of shaping their procurement activity. In the private sector, these conversations help buyers test the market and suppliers align their proposals more closely to client needs. In the public sector, preliminary market engagement is a formalised part of the process, recognised under the Procurement Act 2023, and often publicised through Preliminary Market Engagement Notices. Far from being a formality, these sessions can set the tone for how tenders are structured and awarded.
Early market engagement takes place before a formal procurement begins. It may take the form of market awareness events, surveys, soft market testing or one-to-one discussions.
For buyers, they are a chance to test the specification, understand supplier capability and refine the scope of the tender, as well as an opportunity to find out more about innovation and potential risks before a procurement is launched. For suppliers, they offer a rare opportunity to influence the process, gain valuable intelligence and make better-informed decisions about whether and how to bid.
What it means under the Procurement Act 2023
The Procurement Act 2023 introduced clear duties around preliminary market engagement in the public sector. Contracting authorities can carry out such engagement to help design better procurements, but they must comply with important requirements:
- Transparency – If preliminary market engagement takes place, the authority should publish a notice or, if not, explain in the tender notice why they chose not to.
- Fairness – Engagement must not unfairly advantage one supplier or distort competition. All suppliers should have equal access to relevant information.
- Non-discrimination – authorities must not design the process in a way that unfairly favours a particular business or group of suppliers.
- Record-keeping – buyers are expected to keep records of the engagement and ensure consistency between what was shared during engagement and what is later included in the procurement documents.
This means early market engagement is not just best practice in the public sector, it is increasingly a formalised stage that suppliers need to recognise and prepare for.
Why is early market engagement beneficial?
The advantages are significant for businesses who participate:
- Understanding client strategy – you gain insight into the client’s aims, objectives, and drivers behind the procurement.
- Influencing procurement decisions – these sessions can shape specifications, pricing schedules, scoring criteria, and even contract terms. By raising important considerations early, you can influence decisions that impact how contracts are awarded.
- Raising concerns and discussing challenges – suppliers can flag potential issues that might affect delivery. This not only demonstrates expertise but also ensures risks are addressed before the procurement is finalised.
- Making informed decisions – crucially, early market engagement helps businesses decide whether to pursue the opportunity at all. Understanding the scope and client expectations allows you to assess whether the bid is worth the investment.
Top tips for making the most of your sessions
Drawing on our experience at Stephen Alexander in guiding businesses through every stage of the bid process, here are some practical steps to maximise your involvement in early market engagement:
- Prepare thoroughly – review the opportunity in detail before the session. Identify potential risks, questions, and challenges you want to raise. Enter the discussion ready to demonstrate your expertise and credibility.
- Engage actively – listen carefully to what is being said, both by the client and by other suppliers. Competitor questions often highlight key themes or areas of concern that can shape your approach.
- Capture and share insights – request copies of presentations or slides and take detailed notes. Share these with your bid team so the whole business can benefit from the insight gained.
- Position your business – remember, early engagement is also about visibility. The client is forming impressions of potential suppliers. Be professional, constructive, and solution-focused in how you participate.
A missed opportunity for many
It is surprising how often early market engagement is overlooked. Businesses may assume the session is simply an information briefing with limited value, or they may lack the confidence to contribute meaningfully. In reality, these early conversations can shape the entire procurement.
For public sector bids in particular, the Procurement Act 2023 has made early engagement more visible and more structured. Notices are often published in advance, giving suppliers a clear signal to get involved. Ignoring these opportunities means potentially missing the chance to shape requirements before they are locked into a specification.
Looking for help in winning new work?
At Stephen Alexander, we know that winning work is about more than submitting bids. It is about understanding the whole process, from market positioning and strategy to the final submission. Our team of bid, marketing, and business development experts have supported businesses across multiple sectors to maximise opportunities and secure contracts.
If you would like to make the most of early market engagement sessions or need support with any part of the bid process, speak to a member of the team.