How to respond to a preliminary market engagement notice (UK)

A preliminary market engagement notice is a buyer saying, “we’re planning to buy this, and we’d like to hear from suppliers first.” It comes before the tender, often months before. A clear, honest response can help shape a tender you’re able to bid for. This guide explains what buyers can do at this stage and how to reply well.

What the notice is for

Under the Procurement Act 2023, buyers may engage with the market before a tender for set purposes: developing their requirements and approach, designing the procedure and award criteria, preparing tender documents, identifying suppliers, identifying likely contract terms, and building supplier capacity (section 16). If a buyer does this, it must publish a preliminary market engagement notice before the tender notice, or explain in the tender notice why it didn’t (section 17). These rules don’t apply to below-threshold contracts, though buyers can still choose to publish a notice (GOV.UK market engagement guidance).

Engagement can take many forms: questionnaires, webinars, workshops, site visits, one-to-one meetings or a simple invitation to get in touch. The notice must describe the format (GOV.UK). The buyer doesn’t have to go ahead with the procurement afterwards (GOV.UK).

The rule that shapes everything: no unfair advantage

The buyer must take steps to make sure suppliers who take part aren’t put at an unfair advantage and that competition isn’t distorted. If a supplier gains an unfair advantage that can’t be avoided, that supplier must be excluded from the procurement (section 16; GOV.UK). In practice:

Assume what you share may be passed to other suppliers. The guidance says buyers should keep a record of what they share and receive, and best practice is to include relevant outcomes in the tender documents (GOV.UK). Mark anything commercially sensitive clearly and keep it to a minimum.
Don’t try to write the specification around yourself. Engagement must not be used to tailor a procurement to one supplier (GOV.UK).
Expect equal treatment. Buyers must treat suppliers the same unless a difference justifies otherwise (section 12).

Before you respond

Read the whole notice and any documents, and note the deadline, the format and the contact route. Use only the route the notice gives you.
Do a quick go/no-go. Is this work you already do, at a scale and location you can serve? If not, a short “not for us” costs nothing.
Check where it sits. Is it in the buyer’s pipeline notice (GOV.UK pipeline guidance)? Has a planned procurement notice been published? A qualifying one can shorten the later tender period to 10 days (GOV.UK).
Register on Find a Tender if you haven’t yet, so you’re ready when the tender comes (GOV.UK).

A simple structure for your response

Answer the questions asked, in order. Use their numbering. Short, specific answers beat a brochure.
Who you are, in three lines. What you do, where, and two or three relevant examples.
Options. Where the buyer is unsure, set out realistic ways to deliver, with their pros and cons, not just the one you sell.
Realistic costs and lead times. Ranges are fine. Underselling now sets an expectation you’ll have to live with later.
Risks and dependencies. What could go wrong, and what the buyer would need to provide.
Barriers for smaller suppliers. Buyers must have regard to the barriers SMEs face and consider whether they can be reduced (section 12), and they must consider lots (section 18). It’s fair to suggest sensible lots, proportionate insurance or accreditation levels, or a realistic contract length.
Next steps. Say you’d welcome a briefing and give one contact.

Then confirm your response arrived. Public-sector email filters can block attachments.

After the engagement

The next notice is usually a tender notice, but it could be a planned procurement notice, a pipeline update, a direct-award transparency notice or a termination notice if the buyer decides not to proceed (GOV.UK). Set an alert on Find a Tender for the buyer and keywords. If the tender appears, check whether your points were reflected, then run a full go/no-go before bidding. Remember that taking part in the engagement is not a bid.

New to public-sector work? Start with what the Procurement Act 2023 changed for small suppliers and how to find council and public-sector contracts.

Quick checklist

You have read the whole notice and noted the deadline, format and contact route
The work fits what you already do, at a scale and location you can serve
You answer the buyer’s questions in their order and numbering
You give options, realistic cost ranges, lead times and risks
You have kept confidential material to a minimum and marked it clearly
You have suggested reasonable changes that help smaller suppliers, such as lots
You have confirmed receipt and set an alert for the tender notice

FAQ

Do I have to respond to a preliminary market engagement notice to bid later?

The engagement is not the tender itself, and buyers must treat suppliers the same unless a difference justifies different treatment (section 12). Read the notice and tender documents for any specific process.

Can responding get me excluded?

Only in the unusual case where taking part gives you an unfair advantage that the buyer can’t avoid, for example through information others don’t get (section 16). Answering the questions openly isn’t that.

Is it the same as a US Sources Sought notice?

It’s similar: both are market research before a formal tender. See our guide to federal Sources Sought notices.

Does the buyer have to publish a notice for small contracts?

No. Sections 16 and 17 don’t apply to below-threshold contracts, though buyers can publish one voluntarily (GOV.UK).

Can you guarantee we’ll be selected?

No. No one honestly can. We help you respond clearly and on time; the buyer decides.

Official sources

Laws and guidance change. Check the sources above for the latest position. For advice on your own circumstances, consult a solicitor.