Q&As

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?

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Published on LexisPSL on 30/05/2017

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • 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?
  • The law
  • DPS compliance requirements
  • Operating a DPS
  • Supplier requirements on accepting and award
  • Further reading

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?

The law

Regulation 34 of the Public Contracts Regulations (SI 2015/102) (PCR 2015) (PCR 2015, SI 2015/102, reg 34) allows a contracting authority to procure a public contract through a dynamic purchasing system (DPS).

PCR 2015, SI 2015/102, reg 34(1) provides that a DPS can be used by a contacting authority to procure commonly used goods and services which are generally available on the market and which the authority requires to meet its needs. An example might be an annual supply of stationery requisites.

Procurement through a DPS is operated completely electronically (PCR 2015, SI 2015/102, reg 34(2)). This means that a DPS is a flexible procurement system. For example, under a DPS new provides can be admitted to the system during its operation. This contrasts with procurement under a framework agreement, where provides are fixed at the time the agreement is established.

A DPS is a two-stage process involving an initial procurement/qualification stage followed by individual call-offs―similar to framework agreement, but with distinct procedural differences under the PCR 2015. For instance, suppliers can apply to join at any time while the DPS is still valid and all suppliers who qualify must be admitted

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