Market consultation (Preliminary Market Consultation)

Market consultation, often known as preliminary market consultation (PMC), is an early-stage engagement conducted by a contracting authority before launching a formal procurement process. This can involve issuing a Request for Information (RFI), distributing draft specifications for feedback, or holding meetings with suppliers, industry experts, or stakeholders. The main goal is to gather insights on available solutions, market capacity, innovation trends, or best practice approaches. These insights help shape more effective, realistic, and inclusive tender documentation by informing technical requirements, procurement strategies, and evaluation criteria.

Under Article 40 of Directive 2014/24/EU, contracting authorities are permitted to carry out market consultations as long as they uphold the principles of equal treatment, transparency, and non-discrimination. Authorities should widely publicize these consultations—such as through Prior Information Notices (PINs) or e‑procurement portals (e.g., TED)—and ensure that feedback is accessible to all potential bidders. This transparency prevents unintended favoritism and ensures the procurement design is well-informed and legally robust.

In practice, preliminary market consultation supports evidence-based procurement design and expands competition. It enables authorities to better align their tender specifications with market realities, anticipate technical or financial constraints, and encourage innovative responses. For suppliers—especially SMEs—it offers early visibility into upcoming opportunities and a chance to help shape requirements. Properly executed market consultation reduces risks of unclear tenders, poor participation, or legal challenges post-publication.