Open market consultation and EU-level meet-the-market events report

Market consultation is a powerful instrument that helps bridging the gap between supply and demand and is vital, firstly, as means to create and increase awareness of the market relating to the needs of public authorities, providing the market with a congruous and large time to prepare itself for the tender. Secondly, in order to cross-check the procurers group’s needs with the state-of-the art of industrial development and to better understand the available options, the Consortium will jointly organize an advised open market consultation with the supply side and with the research system. Such a dialogue could facilitate a deeper understanding of on-going industrial product developments in terms of technological maturity and help partners to distinguish purchasing needs that require significant R&D and that can be effectively managed with PCP, from the others that concern commercial development. An open dialogue makes it possible to broach the views of the market before starting the tendering process. For that reason, this should be done under the condition that the seeking or accepting of advice does not have the effect of precluding or distorting competition. The Old Procurement Directive was rather scarce in providing guidance on the opportunity / the need for public authorities to conduct market consultations. The New Procurement Directive however, contains specific provisions regarding the conduct of market consultations. According to article 40 under the New Procurement Directive: “Before launching a procurement procedure, contracting authorities may conduct market consultations with a view to preparing the procurement and informing economic operators of their procurement plans and requirements. For this purpose, contracting authorities may for example seek or accept advice from independent experts or authorities or from market participants. That advice may be used in the planning and conduct of the procurement procedure, provided that such advice does not have the effect of distorting competition and does not result in a violation of the principles of non-discrimination and transparency.” Following the rational, the open market consultation will be advertised with an adequate means of publicizing and through the Official Journal of the European Union using the TED website in English and the other languages of partners for the purpose of complying with the EC Treaty principles including those of transparency, non-discrimination and equal treatment. After the publication of the PIN (Prior Information Notice), the technical dialogue, that is not a strictly regulated by the Directives, will be conducted (1) launching a market explorative call to targeted to Industrial organizations, R&D institutions finalized to analyze the solution already available on the market or near to be (2) organizing at least two open and advertised EU meet-the-market events, one in Barcelona and one in Milan, during which the technological needs will be presented and discussed with an audience of SMEs, industries, industrial associations and R&D institutions, but also other local procurers. The prior information notice for the open market consultation will be promoted and advertised widely using in particular also Horizon 2020 Internet sites and National Contact Points. The Commission will be informed at least 5 days prior to the expected date of publication of the PIN for the open market consultation and 30 days prior to the expected date of publication of the PCP contract notice and its content. The open consultations will be organized and regulated keeping in mind the following: • the contracting authority will take the necessary steps to ensure that the participation of a previously consulted company does not affect competition within the tender procedure concerned; • any information to which the company may be party as a result of its prior involvement will be transparently published or sent to the other participating compan