Market Consultation: When and How?

What is a market consultation?

A market consultation is a structured exchange between a contracting authority and the market prior to a procurement procedure. The goal is to gather information about available solutions, market conditions, and the feasibility of requirements. Market consultations are legally permitted under Article 2.25 of the Dutch Procurement Act 2012.

When to hold a market consultation?

Particularly valuable for complex contracts, unknown market conditions, or policy changes (new sustainability requirements, SROI obligations). Not needed for standard purchases with known markets.

Legal framework

The law allows market consultations provided competition is not restricted, transparency is maintained, and no party gains an information advantage.

Forms of market consultation

1. Written consultation via TenderNed: Broad reach, transparent, documented
2. Information session: Interactive, allows deeper discussion
3. One-on-one meetings: In-depth, confidential, but time-intensive
4. Request for Information (RFI): Structured questionnaire with optional demonstrations

Step-by-step guide

1. Define objectives and questions
2. Draft targeted, open questions
3. Publish on TenderNed (minimum 2-3 weeks response time)
4. Systematically analyze responses
5. Provide feedback and document findings

Common mistakes

• Starting too late
• Questions too broad
• No feedback to participants
• Letting a participant write the specifications