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 bidder clarification questions received when establishing a DPS, and conducting procurements under a DPS, are processed in accordance with the rules set out in the procurement documents and the principles of procurement.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that all communication is only made by electronic means.
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
