Market engagement in public procurement

Produced in partnership with Deborah Ramshaw of Womble Bond Dickinson

Practice notes

Market engagement in public procurement

Produced in partnership with Deborah Ramshaw of Womble Bond Dickinson

Practice notes

Too often, in the past, public Procurement procedures got underway with the publication of a contract notice and without any prior engagement with potential suppliers. More often than not, there was minimal contact between the contracting Authority and bidders as the procurement progressed. This was generally felt to be necessary to stop favouritism, or worse, distorting the process and to protect the public purse.

These days it is unthinkable that a complex procurement, and a public-private partnership (PPP) project in particular, would be undertaken without prior market consultation, or soft market testing, or early market engagement as it is sometimes known. For complex procurements the procurement procedure chosen for such a requirement generally expressly provides for dialogue or negotiation with bidders.

The UK government champions market engagement as a procurement best practice leading to improved value for money and supporting the growth agenda. It continues to be the case, nonetheless, that safeguards need to be built into the process to ensure fairness, and indeed to prevent abuses such as anti-competitive practices, fraud and

Deborah Ramshaw

Solicitor, 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.

Jurisdiction(s):

United Kingdom

Key definition:

Brexit definition

What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

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