Dynamic Purchasing System in Public Procurement

Dynamic Purchasing System: fully electronic procurement system for commonly available services, open to all suitable tenderers. Art. 34 Directive 2014/24/EU.

Definition: The dynamic purchasing system is a fully electronic, time-limited open procedure for the procurement of commonly available goods, services or works in which all suitable interested parties are admitted to participate throughout the life of the system, and individual contracts are awarded through separate invitations to tender (Art. 34 Directive 2014/24/EU).

Last updated: January 2026 · Legal basis: Art. 34 Directive 2014/24/EU, §§ 155 et seq. BVergG 2018, § 22 VgV

What is the dynamic purchasing system?

The dynamic purchasing system (DPS) is a modern, fully electronic procurement instrument that enables public contracting authorities to handle recurring standard procurements flexibly and efficiently without having to set up a complete procurement procedure from scratch each time. It combines the openness of the open procedure — every suitable tenderer can join at any time during the system's life — with the efficiency of a pre-qualified pool of bidders for individual contract awards.

The DPS is particularly suited to standardised, commonly available products and services that need to be procured regularly: for example office supplies, IT equipment, vehicles, cleaning services or catering. Bespoke or highly specialised one-off services, by contrast, are not suitable for a DPS.

Significance and function

The dynamic purchasing system bridges the gap between the bureaucratic effort of classic individual awards and the rigidity of the framework agreement: it creates a pre-qualified pool of bidders that can be flexibly expanded, and it considerably accelerates the award of individual contracts.

The key functional features are:

Full electronic operation: The DPS is designed as an entirely electronic system. Requests to participate, communications and the submission of tenders are exclusively electronic. This distinguishes the DPS from other procurement procedures in which exceptions to the e-procurement obligation are possible.

Openness: Unlike framework agreements, new economic operators can join a DPS at any time during its life, provided they meet the selection requirements. The contracting authority may not limit the number of admitted participants.

Categorisation: The contracting authority may divide the DPS into categories defined by objective characteristics (e.g. product groups, geographical areas, contract sizes). Separate selection requirements may be set for each category.

Distinction from a framework agreement

The dynamic purchasing system and the framework agreement pursue similar objectives of simplifying and bundling standard procurements, but they differ fundamentally as regards openness of the market.

Feature	Dynamic purchasing system	Framework agreement
Joining of new tenderers	Possible at any time	Not possible (closed group)
Restriction on bidder pool	Prohibited	Permitted (max. 3 bidders)
Full electronic operation	Mandatory	Not mandatory
Purpose	Standard services	Standard services
Duration	Max. 4 years (exceptions possible)	Max. 4 years
EU legal basis	Art. 34 Directive 2014/24/EU	Art. 33 Directive 2014/24/EU

Legal basis

At EU level, the dynamic purchasing system is governed by Art. 34 of Directive 2014/24/EU and applies above the thresholds to public contracting authorities.

Key provisions:

Art. 34 Directive 2014/24/EU – Dynamic purchasing system (basic rule)
Art. 22 Directive 2014/24/EU – Electronic communication (basis for full digitalisation)
§§ 155 et seq. BVergG 2018 – National implementation in Austria
§ 22 VgV – National implementation in Germany

National implementation

Austria (BVergG 2018)

In Austria the dynamic purchasing system is governed by §§ 155 et seq. BVergG 2018, which transpose Art. 34 of Directive 2014/24/EU into national law. The BVergG 2018 requires full electronic operation of the system and provides that admission of qualified economic operators must be allowed throughout the life of the system. Austria has integrated the DPS into the general architecture of the e-procurement system (Ankündigungsblatt of Wiener Zeitung, contract notice in TED). In Austrian administrative practice, the DPS is still rarely used; classic framework agreements are more common.

Germany (VgV)

In Germany, the dynamic purchasing system is governed by § 22 VgV, which transposes the requirements of Art. 34 Directive 2014/24/EU for supply and service contracts above the EU thresholds. § 22 VgV provides that the DPS must be operated exclusively electronically, that all suitable candidates must be admitted, and that individual contracts must be awarded through separate calls for competition addressed to all undertakings admitted to the system (or to the participants of a relevant category). In German administrative practice, the DPS is becoming increasingly important, particularly for central purchasing bodies and in the field of IT procurement.

Related terms

FAQ

How long can a dynamic purchasing system run? Directive 2014/24/EU contains no rigid maximum duration for the DPS; Art. 34(4) refers, for individual contracts, to the general time limits. In practice, DPSs are often set up for four years, mirroring the maximum duration of framework agreements. A longer duration can be objectively justified where the procurement situation requires it.

Can a contracting authority exclude a tenderer from a DPS? Yes. An economic operator who no longer meets the selection requirements or who is subject to a mandatory ground for exclusion can and must be excluded from the DPS. The contracting authority must provide for a review procedure; the excluded tenderer has the right to challenge the decision.

How does a DPS differ from an electronic catalogue? With the electronic catalogue (Art. 36 Directive 2014/24/EU), tenderers submit their bids in a standardised electronic format; the catalogue can be used in the context of other procedures. The DPS is a stand-alone procurement procedure with upstream admission phases and separate calls for competition for individual contracts. The two instruments can be combined.

Last updated: January 2026 All information is provided without warranty. For legally binding advice, please consult a law firm specialising in public procurement law.