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Procurement Procedures

Market Consultation

Preparatory measure before a tender where contracting authorities survey the market to better define service requirements.

What is a Market Consultation?

A Market Consultation (also called market analysis or market survey) is a preparatory measure that contracting authorities can conduct before launching a formal procurement procedure. The goal is to survey the market and align tender documents with actual market conditions.

Purpose

  • Needs assessment: Clarifying whether and how services are available on the market
  • Price estimation: Realistic budget planning based on current market prices
  • Technical specification: Understanding available technologies and solutions
  • Procedure selection: Deciding on the appropriate procurement procedure

Methods

Authorities may use various methods including desk research, supplier surveys, structured consultation meetings, online questionnaires, and attending industry events.

Legal Framework

  • Market consultation is not a procurement procedure – no right to a contract arises
  • Participation must not lead to exclusion from the subsequent tender
  • The authority must maintain equal treatment of all market participants
  • Results must not distort competition

Opportunities for Companies

Participating in market consultations offers valuable advantages:

  • Early information about planned procurements
  • Opportunity to help shape service requirements
  • Building relationships with contracting authorities within legal bounds
  • Competitive advantage through better understanding of needs

Market consultations often serve as early indicators for upcoming tenders. Systematically tracking them enables optimal preparation for the subsequent procurement procedure.

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