Jurisdiction(s):
United Kingdom

Preliminary market engagement under the Procurement Act 2023: PR 2024 FTS notice requirements, duties, SME access, managing unfair advantage, avoiding distortion, conflicts of interest and supplier exclusion

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Practice notes

STOP PRESS:

From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) take effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures started under the former framework—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and overseen in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.

This content relates to the Procurement Act 2023 regime. This practical guidance addresses public procurement under PA 2023. For practical guidance on market engagement under the previous legislation, see Practice Note: Market engagement in public procurement.

What is preliminary market engagement?

Preliminary market engagement (PME) means researching and engaging with the market to shape a forthcoming procurement and to brief potential suppliers on a contracting authority’s intentions and needs. PME can involve requesting and receiving advice from prospective suppliers and/or independent specialists before the regulated process starts; that is, prior to issuing a call for competition on the Find a Tender Service (FTS) website...

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Deborah Ramshaw

Womble Bond Dickinson

Deborah is a nationally renowned procurement law specialist, noted for her commercial and pragmatic advice to clients. She is also WBD's Head of Procurement. Deborah advises clients in the public and private sector and uses her knowledge of acting for both sectors to provide practical advice on running processes which are as defensible as possible and advising bidders on how to challenge processes.Deborah has a particular interest in advising on procuring innovation and complex projects. Deborah has significant experience in establishing and using framework agreements. Deborah advises clients in a wide range of sectors including central and local government, NHS bodies, education, transport and utilities sectors and third sector organisations....

Web page updated on 21/05/2026

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