Q&As

Once a Dynamic Purchasing System (DPS) has been set up, can the terms originally tendered be varied? If a DPS has been set up without call-off terms, can they be incorporated later?

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Produced in partnership with Denis Edwards of Normanton Chambers
Published on LexisPSL on 19/08/2019

The following Local Government Q&A produced in partnership with Denis Edwards of Normanton Chambers provides comprehensive and up to date legal information covering:

  • Once a Dynamic Purchasing System (DPS) has been set up, can the terms originally tendered be varied? If a DPS has been set up without call-off terms, can they be incorporated later?

Once a Dynamic Purchasing System (DPS) has been set up, can the terms originally tendered be varied? If a DPS has been set up without call-off terms, can they be incorporated later?

As with other public procurement procedures, changing the terms of the original tender in a Dynamic Purchasing System (DPS) requires a new procurement exercise, just as substantial modification to the terms of existing contract awards is not permissible without a new procurement procedure. However, in a DPS it is possible after tenderers have been admitted to the system, for contracting authorities to specify additional terms for the purposes of call-offs.

Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 34 governs DPS procurement. Hence, the terms of PCR 2015, SI 2015/102, reg 34 must be the starting point for answering these questions.

First, PCR 2015, SI 2015/102, reg 34(2) provides that all stages of procurement under a DPS must be by electronic means. It

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