Prior Information Notices: Strategic Uses and Timeline Benefits

A Prior Information Notice (PIN) is an optional publication that a contracting authority may issue in advance of a procurement to signal to the market that a contract opportunity is forthcoming. It is provided for under Article 48 of Directive 2014/24/EU and Regulation 48 of S.I. 284/2016. The PIN is distinct from the contract notice: it does not initiate the procurement process and does not trigger the minimum tender period. Its purpose is to enable market preparation.

PINs are particularly valuable in specialised markets where tenderers need time to form consortia, arrange bonds or develop innovative proposals. By giving the market 12 or more weeks of advance notice, contracting authorities typically receive stronger tender responses than they would from a cold contract notice.

One of the principal procedural benefits of publishing a PIN is the ability to reduce the minimum tender period when the contract notice is subsequently published. Under Regulation 27(4) of S.I. 284/2016, where a PIN was published between 35 days and 12 months before the contract notice, the minimum open procedure tender period can be reduced from 35 days to 15 days. This is a significant timeline saving for procurements where there is legitimate time pressure.

To avail of this reduction, the PIN must contain sufficient information to allow interested parties to assess whether they wish to submit a tender. It must at minimum describe the nature and quantity of the requirement, the envisaged publication date of the contract notice, and the contact details for further information.

A PIN may itself serve as the call for competition in restricted procedures and competitive procedures with negotiation — a mechanism sometimes called a 'PIN-as-notice' approach. In this case, suppliers express interest in response to the PIN rather than to a formal contract notice. This is permitted under Regulation 26(5) and is used for complex procurements where the market intelligence gathered through expressions of interest informs the shortlisting decision.

Where a PIN-as-notice approach is used, the PIN must meet additional content requirements, including the period during which expressions of interest can be submitted (minimum of 30 days) and a statement that a contract notice will not be separately published.

PINs are published on eTenders and, for above-threshold contracts, simultaneously in the OJEU via eTenders. The publication process is straightforward. A common error is treating the PIN as a 'soft launch' of the procurement by including draft tender documents — the PIN is a signal, not a tender, and including draft documents creates unnecessary commitment.

Contracting authorities should maintain a rolling procurement pipeline that identifies which contracts are suitable candidates for PINs. GovIQ's procurement pipeline module surfaces upcoming procurements in the planning window and prompts the authority when a PIN should be issued, based on the expected contract notice publication date and the desired tender period reduction.