The Procurement Regulations 2024

Dynamic market notices (including qualifying utilities dynamic market notices)

25.—(1) Paragraph (2) sets out other information which must be included in a dynamic market notice published under section 39(2) of the PA 2023 (dynamic market notices: intention to establish a dynamic market).

(2) The information is—

(a) the name of the person establishing the dynamic market,

(b) where there are two or more persons who are jointly establishing the dynamic market—

(i) the name of the lead person, and

(ii) the name of each of the other persons,

(c) a contact postal address and email address for the person establishing the dynamic market or where there are two or more persons jointly establishing the market that information for each such person,

(d) the unique identifier for the person establishing the dynamic market or where there are two or more persons jointly establishing the market the unique identifier for each such person,

(e) the name of any person (“A”) establishing the dynamic market on behalf of another person and—

(i) A’s contact postal address and email address,

(ii) A’s unique identifier, and

(iii) a summary of A’s role in relation to the dynamic market,

(f) the name, contact postal address and email address of any person who can be contacted in the event of an enquiry about the dynamic market,

(g) the title of the dynamic market,

(h) the unique identifier for the dynamic market,

(i) in the case of a qualifying utilities dynamic market notice—

(i) a statement that only members of the market, or part of the market, will be notified of a future intention to award a contract by reference to suppliers’ membership of the market, or part of the market, and provided with a tender notice in accordance with section 40(1) and (2) of the PA 2023, and

(ii) as much of the information as would be published in any tender notice published in accordance with regulation 21(2) that is available when the qualifying utilities dynamic market notice is published,

(j) how documents relating to the dynamic market may be obtained,

(k) how an application to join the dynamic market may be made,

(l) whether the dynamic market is mainly for the supply of goods, services or works,

(m) a description of the kinds of goods, services or works to which the dynamic market relates, given in such detail that a reader of the dynamic market notice can determine if they wish to apply to join the dynamic market, or appropriate part of the market,

(n) the relevant CPV codes,

(o) the conditions for membership of the dynamic market, or part of the market, set in accordance with section 36 of the PA 2023,

(p) a description of the methods that will be used to verify whether a supplier meets those conditions, including any different conditions for different kinds of goods, services or works,

(q) whether the dynamic market may be used to award a public contract for which the United Kingdom has obligations under the GPA,

(r) from the date when the Comprehensive and Progressive Agreement for Trans-Pacific Partnership enters into force for the United Kingdom, whether the dynamic market is one for which the United Kingdom has obligations under that Agreement,

(s) whether the dynamic market may be used to award a special regime contract and, if so, whether that contract is—

(i) a concession contract,

(ii) a defence and security contract,,

(iii) a light touch contract, or

(iv) a utilities contract,

(t) where the dynamic market is divided into appropriate parts for the purpose of excluding suppliers that are not members of an appropriate part—

(i) the title of each part,

(ii) a description of each part including any relevant CPV codes, and

(iii) the distinct number given to each part by the person establishing the dynamic market,

(u) information enabling a reader to identify which contracting authorities will, or may apply to, use the dynamic market (either by reference to a list of authorities or a list describing categories of authorities),

(v) the geographical classification, where it is possible to describe this,

(w) in the case of a dynamic market with an estimated date when it will cease to operate—

(i) the estimated date when the dynamic market will be established, and

(ii) the estimated date when the dynamic market will cease to operate,

(x) in the case of a dynamic market without an estimated date when it will cease to operate—

(i) the estimated date when the dynamic market will be established, and

(ii) a statement that the dynamic market is an open-ended market,

(y) in the case of a dynamic market which is not a utilities dynamic market, whether the dynamic market provides for the charging of fees in accordance with section 38(1) of the PA 2023 and if so—

(i) the fixed percentage to be applied to the estimated value of any public contract awarded to a supplier by reference to the dynamic market, and

(ii) any other information needed in order to enable suppliers to understand how fees will be charged, and

(z) in the case of a utilities dynamic market—

(i) whether the utilities dynamic market provides for the charging of fees in accordance with section 38(3) of the PA 2023, and

(ii) if so, information needed in order to enable suppliers to understand how fees will be charged.

(3) Paragraph (4) sets out other information which must be included in a dynamic market notice published under section 39(3) of the PA 2023 (establishment of a dynamic market).

(4) The information is—

(a) the same information referred to in paragraph (2) (a) to (h),

(b) the date on which the dynamic market was established,

(c) for each supplier that is a member of the dynamic market—

(i) the supplier’s name,

(ii) the supplier’s contact postal address and email address,

(iii) the unique identifier for the supplier, and

(iv) whether the supplier is—

(aa) a small and medium-sized enterprise, or

(bb) a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives, and

(d) where the dynamic market is divided into parts, the part of which each of those suppliers is a member.

(5) Paragraph (6) sets out other information which must be included in a dynamic market notice published under section 39(4) of the PA 2023 (modifications to a dynamic market).

(6) The information is—

(a) the same information referred to in paragraph (2) (a) to (h),

(b) the date from when the modification has effect,

(c) if a supplier is being admitted to the market, a statement to that effect and—

(i) their name, contact postal address, email address and unique identifier, and

(ii) where the dynamic market is divided into parts, the part of which the supplier is a member,

(d) whether the supplier is—

(i) a small and medium-sized enterprise, or

(ii) a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

(e) if a supplier is being removed from the market, a statement to that effect and—

(i) their name, contact postal address, email address and unique identifier, and

(ii) where the dynamic market is divided into parts, the part of which the supplier is a member, and

(f) a summary of any other modification being made.

(7) Paragraph (8) sets out other information which must be included in a dynamic market notice published under section 39(5) of the PA 2023 (cessation of a dynamic market).

(8) The information is—

(a) the same information referred to in paragraph (2) (a) to (h), and

(b) the date when the dynamic market ceased to operate.

(9) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in a dynamic market notice.