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
DPS must be established in accordance with the rules of this regulation (i.e. regulation 34) and the award of contracts must be consistent with the requirements of this regulation.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that when dividing a DPS into categories of products, works or services, such categories are objectively defined on the basis of characteristics of the procurement to be undertaken under the category concerned. Such characteristics may include reference to the maximum allowable size of the subsequent specific contracts or to a specific geographic area in which subsequent specific contracts will be performed
- follow the rules of the restricted procedure (regulation 28 PCR 2015) when procuring a contract under a DPS; subject to the rules of this regulation (i.e. regulation 34)
- consider the appropriate time limits for the various stages of the procurement, noting the minimum time limit for receipt of requests to participate is 30 days and the minimum time limit for receipt of tenders is 10 days, other than for sub-central contracting authorities who may set the time limit for the receipt of tenders by mutual agreement between the contracting authority and all selected candidates; provided that all selected candidates have the same time to prepare and submit their tenders.
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
