Dynamic Purchasing Systems (DPS) in Public Procurement 2026
Dynamic Purchasing Systems (DPS) in public procurement: legal basis, mechanics, advantages and use cases of the fully electronic purchasing system.
Definition: A Dynamic Purchasing System (DPS) is a fully electronic, time-limited system for the procurement of commonly available services in which suitable undertakings can be admitted at any time during the life of the system, and individual call-offs take place through simplified procedures.
Last updated: January 2026 · Legal basis: Art. 34 Directive 2014/24/EU, §§ 120–121 GWB, §§ 25–26 VgV, §§ 179–183 BVergG 2018
What is a Dynamic Purchasing System?
The Dynamic Purchasing System is an innovative procurement instrument that combines the flexibility of a framework agreement with the openness of the open procedure. It is particularly suited to standardised, commonly available services that a contracting authority needs repeatedly in different quantities and variants — for example IT products, office supplies, vehicles or cleaning services.
A DPS is fully electronic: all steps from admission of undertakings through to award of individual call-offs take place over an e-procurement platform.
How it works
The DPS operates in two phases:
Phase 1: Set-up and admission
The contracting authority sets up the DPS by publishing an EU-wide notice and laying down selection requirements. All interested and suitable undertakings may apply to participate at any time during the life of the system. The admission decision must be made within ten working days (Art. 34(4) Directive 2014/24/EU).
Phase 2: Individual call-offs (mini-competitions)
For each specific procurement need, the contracting authority runs a "mini-competition": it invites all admitted undertakings to submit tenders. The tender period is at least ten days (Art. 34(6) Directive 2014/24/EU). The contract is awarded to the most economically advantageous tender.
Features and specifics
The DPS differs from framework agreements in significant respects:
| Feature | DPS | Framework agreement |
|---|---|---|
| Admission of new participants | Possible at any time | Not possible |
| Duration | Max. 4 years (exceptions possible) | Max. 4 years |
| Form | Fully electronic | Electronic recommended |
| Minimum number of tenderers | No fixed minimum | Min. 3 with multiple contractors |
Benefits and use cases
For contracting authorities, the DPS offers the advantage of keeping the supplier base open at any time, thereby continuously promoting competition. Suitable use cases include:
- Regular IT procurement with changing product specifications
- Services with fluctuating demand
- Procurement of consumables
FAQ
For how long may a DPS be operated? In principle for up to four years, with longer durations possible in justified exceptional cases (e.g. for infrastructure projects).
Can SMEs benefit from a DPS? Yes. Because admission is possible at any time, SMEs that were not yet on the market or not yet suitable when the DPS was set up can be admitted later.
Is a DPS the same as an electronic marketplace? No, although both are electronic. An electronic marketplace is typically broader; the DPS is a tightly regulated procurement instrument with specific procedural obligations.
Last updated: January 2026 All information is provided without warranty. For legally binding advice, please consult a law firm specialising in public procurement law.
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