Market dialogue: a strategy guide for bidders

Market dialogue is a process explicitly permitted by the Public Procurement Act (Section 65), where the contracting authority consults the market before launching a tender. It is not the same as negotiation in a negotiated procedure — it is a more informal and open channel of interaction where both parties benefit.

Market dialogue is the bidder's best and most legitimate way to influence an upcoming tender. Before the RFP is published, the requirements, scoring criteria, contract terms, and technical specifications are still open to modification. After the RFP is published, your options are limited to the Q&A phase.

There are five forms of market dialogue: written request for information (RFI), bilateral technical dialogues, open information sessions, draft RFP commenting, and official HILMA market dialogue notices. Each form offers a different type of influence opportunity.

The win-win dynamic makes market dialogue effective: the contracting authority receives market intelligence for crafting a better RFP, and the bidder can influence terms, requirements, and technical specifications. Contracting authorities value proactive suppliers who share market knowledge openly.

Background research is the foundation of preparation. Study the contracting authority thoroughly: their previous tenders on HILMA, the current supplier, the estimated budget, and the organization's strategic priorities. Identify the contracting authority's likely challenges and needs — what problem are they trying to solve?

Set clear objectives for the market dialogue before participating. Your primary objective might be influencing the technical requirements so that your solution meets them. A secondary objective could be gaining insight into the timeline and scope. Also determine what you do not want to reveal — for example, your exact pricing where competitors could see it.

Prepare 3–5 key messages you want to convey to the contracting authority. Each message answers the question: 'How does this benefit the contracting authority?' Don't talk about your own product — talk about the current state of the market, trends, and solution alternatives in a way that highlights your area of strength.

Also prepare a concise value proposition: why is your solution the best fit for this need? But remember that in a market dialogue, the value proposition is not presented as a sales pitch but as market intelligence — neutrally but strategically.

To remove a discriminatory requirement, always argue from the perspective of competition and the contracting authority's benefit: 'There are several solutions in the market that meet this need in different ways. We recommend functional requirements instead of technical specifications — this broadens competition and lowers price levels.' Never say 'this excludes us.'

To extend the contract period, justify it economically: 'The return on investment period is X years, so a shorter contract significantly increases the unit price.' To increase the quality weighting, reference market experience: 'Pure price competition can lead to quality deterioration in this type of service. We recommend at least a 40% quality weighting.'

To change the pricing model, offer a concrete alternative: 'A fixed lump sum does not work well for this procurement because the scope may change. Unit pricing would be fairer for both parties.' To limit liabilities, reference the market standard: 'Market standard insurance coverage is X euros. We recommend setting the liability cap at this level.'

Present the current state of the market and trends neutrally but in a way that highlights your area of strength. Point out requirements that would exclude good solutions. Suggest realistic timelines and contract periods. Remember: don't sell — educate. The contracting authority can tell an expert from a salesperson.

A request for information (RFI) is a written form of market dialogue where the contracting authority typically asks for: company details and experience, available solutions and their features, references from comparable deliveries, a preliminary price indication, implementation timeline, and the current state of the market.

Five principles for writing an RFI response: answer all questions (blank fields signal indifference), highlight your strengths honestly, provide market intelligence (this is what the contracting authority values most), suggest requirements ('We recommend including requirement X because...'), and flag problematic requirements ('If you require X, it limits the market to 1–2 suppliers').

When providing price information, give a range rather than an exact figure — for example, 'typically €80,000–120,000 depending on scope.' Do not set the lower bound too low, because the contracting authority may use it as a budget benchmark, leading to unrealistically low price expectations during the tender. Explain what factors affect the price.

An RFI response is also an opportunity to stand out from competitors. If you can provide deep market insight and concrete recommendations, the contracting authority will remember you positively — and may incorporate your recommendations when drafting the RFP.

When the contracting authority requests comments on a draft RFP, this is the most direct channel of influence available. Review the draft systematically from five perspectives: eligibility requirements, technical requirements, scoring criteria, contract terms, and timeline.

For eligibility requirements, check: are the requirements proportionate, can your company meet them alone or as a consortium, and do they unnecessarily exclude good suppliers? For technical requirements, assess: are they functional or brand-specific, is there room for alternative solutions ('or equivalent'), and does the requirement level match the actual need?

For scoring criteria, review the realism of the price-quality ratio, whether quality criteria are measurable and comparable, and whether the scoring favors the incumbent supplier. For contract terms, pay attention to the reasonableness of liability caps, the adequacy of the contract period, the existence of a price adjustment mechanism, and the proportionality of sanctions.

Frame your comments so they serve the contracting authority. Bad: 'Requirement X is too strict and excludes us.' Good: 'Requirement X limits the market to 2–3 suppliers, which may reduce competition and raise price levels. We suggest changing the requirement to form Y, which serves the same purpose but allows broader competition.'

In a market dialogue, the following are clearly permitted: sharing market intelligence, commenting on requirements, presenting solution alternatives, providing preliminary price indications, and commenting on contract terms. All of these fall within the market survey explicitly permitted under Section 65 of the Public Procurement Act.

The following are strictly prohibited: disparaging competitors, requesting confidential information about other bidders, agreeing on bid prices with competitors (cartel!), gifts or benefits to the contracting authority, and secret agreements. Violating competition law can result in significant sanctions.

The principle of equal treatment obliges the contracting authority to treat all market dialogue participants equally. If you feel this is not happening — for example, one supplier gets more time or information — record your observations carefully. This may be grounds for appeal in a subsequent tender.

Participating in a market dialogue does not obligate you to bid, nor does it formally provide an advantage in the tender. In practice, however, participation provides a significant informational advantage: you know what the contracting authority needs, the timeline, and what competitors may be offering.

Immediately after the market dialogue, document what was discussed: what the contracting authority shared about their needs, the timeline, what other suppliers emphasized (if it was an open session), and how the contracting authority responded to your suggestions. This information is invaluable when the tender begins.

Monitor HILMA actively — when will the tender be published? Typically, weeks or months pass between the market dialogue and the RFP publication. Use this time to prepare: strengthen your references, assemble your bid team, and identify potential subcontractors.

When the RFP is published, compare it to the topics discussed during the market dialogue. Did your input have an impact? Were your suggestions incorporated? If the RFP meets your expectations, you are well positioned. If your suggestions were not adopted, use the Q&A phase to try once more.

Remember that market dialogue also builds your relationship with the contracting authority over the long term. Even if this particular tender does not result in a win, active and expert participation in market dialogues establishes your company as a recognized player whose input is valued in future procurements.

A successful bidder does not participate in market dialogues only when an interesting tender comes along. A long-term strategy means actively monitoring the market, building relationships with key clients, and continuously demonstrating expertise.

Systematically monitor HILMA's market dialogue notices in your industry. Also participate in dialogues where the procurement is not at the core of your expertise — you will learn about the market and build visibility. Contracting authorities remember active and knowledgeable suppliers.

Build a reference bank of market dialogues: which ones you participated in, what you proposed, what was adopted, and what the outcome of the tender was. This information helps refine your influencing strategy and demonstrate the value of market dialogue to your organization.

Market dialogue is also a source of competitor intelligence. At open sessions, you can see which other suppliers are interested in the same procurements. This information supports competitor analysis and bid strategy formulation for future tenders.