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
All suppliers satisfying the selection criteria are admitted to the DPS; the number of suppliers shall not be limited.
Key considerations at this commercial stage
Contracting authorities should:
- ensure all the suppliers satisfying the selection criteria are admitted to the system
- ensure the number of suppliers to be admitted to the system is not limited
- throughout the period of validity of the DPS, ensure that any supplier has the possibility of requesting to participate in the system under the conditions referred to in the regulation
- confirm requests to participate, in accordance with the selection criteria, within 10 working days following their receipt. This period may be extended to 15 working days, where justified, in particular because of the need to examine additional documentation or to verify whether the selection criteria are met
- decide whether to extend the evaluation period for requests to participate. Provided the invitation to tender for the first specific procurement under the DPS has not been sent, contracting authorities may extend the evaluation period as long as no invitation to tender is issued during the extended period. Where contracting authorities intend to extend the evaluation period, they must indicate in the procurement documents the length of the extended period that they intend to apply
- inform a supplier at the earliest possible opportunity of whether or not it has been admitted to the DPS.
Legal framework
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
