Reg. 34 (PCR 2015)

Dynamic purchasing systems

In: Procure > Finalise and publish procurement pack

Overview

This regulation permits a contracting authority to use Dynamic Purchasing Systems (DPS) for commonly used purchases. The characteristics of the purchases (as generally available on the market) must meet the contracting authority’s requirements.

A DPS must be operated completely electronically, including all communications. The DPS must be open to new suppliers to join at any time and, may be divided into categories. No charges may be billed to suppliers in respect of a DPS.

The regulation also sets out the rules on how a contracting authority may establish a DPS and conduct procurements under them, including requirements around time limits and managing requests to participate.

Objective at this commercial stage

The procurement documents must be transparent about at least the nature and estimated quantity of the purchases envisaged under the system, the rules applicable to the DPS, the basis for the award of any contracts under it, and any division into categories of products, works or services.

Key considerations at this commercial stage

Contracting authorities should:

  • ensure that the minimum time limit for receipt of tenders is at least 10 days from the date on which the invitation to tender is sent; subject to the rule that sub-central contracting authorities may set the time limit for the receipt of tenders by mutual agreement between the contracting authority and all selected suppliers, provided that all selected suppliers have the same time to prepare and submit their tenders
  • publish a call for competition making it clear that a DPS is involved
  • indicate in the procurement documents the nature and estimated quantity of the purchases envisaged, as well as how the DPS operates, the electronic equipment used and, technical connection arrangements / specifications
  • indicate in the procurement documents any division into categories of products, works or services and the characteristics defining them
  • offer unrestricted and full direct access, as long as the system is valid, to the procurement documents
  • indicate in the procurement documents if an extended evaluation period will apply before the first specific procurement under the DPS commences
  • specify the applicable selection criteria for each category where the system has been divided into categories of products, works or services.

See also in the Procurement Act 2023:

  • Section 34: Competitive award by reference to dynamic markets
  • Section 35: Dynamic markets: establishment
  • Section 36: Dynamic markets: membership
  • Section 37: Dynamic markets: removing members from the market
  • Section 38: Dynamic markets: fees
  • Section 39: Dynamic market notices

Additional support and guidance

Make sure you:

  • read the regulation
  • seek legal and commercial advice in the context of specific procurements
Read the regulation

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