Q&As

Can a contracting authority make a direct award under a Dynamic Purchasing System?

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Published on LexisPSL on 10/08/2020

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • Can a contracting authority make a direct award under a Dynamic Purchasing System?
  • What is a DPS?
  • Public procurement rules for DPS awards
  • DPS time limits
  • Alternatives for procurement in cases of extreme urgency

What is a DPS?

A Dynamic Purchasing System (DPS) allows a contracting authority to purchase goods, services and works for which they have a regular need, without having to carry out a full procurement process for each individual purchase. Procurement via DPS is intended for common use items that are generally available on the market and meet the contracting authority’s requirements.

A DPS is a two-stage process involving an initial procurement stage followed by individual call-off stages. DPS awards are conducted electronically and governed by the restricted procedure under the Public Contracts Regulations 2015, SI 2015/102, reg 28, subject to the additional rules specific to DPS under in PCR 2015, SI 2015/102, reg 34.

For background reading, see:

  1. Q&A: What are the requirements for the award of a contract under a dynamic purchasing system under the Public Contracts Regulations 2015? In particular, what are the requirements applicable to the supplier when accepting an award?

  2. Crown Commercial Service (CCS): Dynamic Purchasing System guidance

Public procurement rules for DPS awards

Awards of contracts under a DPS are governed by specific requirements of PCR 2015, SI 2015/102, reg 34.

PCR 2015, SI 2015/102, reg 34(21) sets out that where a contract is to be awarded under the DPS, the contracting authority is required to invite all admitted participants to submit a tender for each specific procurement under the DPS.

PCR 2015, SI 2015/102,

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