Dynamic purchasing system (DPS): how it works and how to get admitted in the Netherlands

What is a dynamic purchasing system?

A dynamic purchasing system is an electronic process for commonly used purchases of works, supplies or services. That is the definition in article 1.1 of the Aanbestedingswet 2012, the Dutch Public Procurement Act. The rules are in article 2.48 onwards and in articles 2.144 to 2.149 of that act. They implement article 34 of the EU procurement directive 2014/24/EU. A DPS is part of part 2 of the Dutch act, which covers contracts at or above the EU thresholds.

What makes it different is that it stays open. In a regular tender there is one moment to submit your bid. According to PIANOo, the Dutch public procurement expertise centre, a DPS must remain open throughout its term to new companies that meet the admission requirements. The buyer sets up the DPS using the rules of the restricted procedure, but without the tendering stage (article 2.48). Tendering comes later, contract by contract.

Commonly used purchases are, in the words of the directive, products, works or services that are generally available on the market. In its guidance, PIANOo gives office supplies, solar panels and bulk goods such as sand as examples. Complex, innovative or specialist contracts do not belong in a DPS, according to PIANOo. Whether staffing can be bought through a DPS is debated, but PIANOo does not rule it out.

• Stage 1Set-upThe buyer publishes the DPS with the selection criteria, the categories, the term and the award criteria. Companies have at least 30 days to apply.
• Stage 2AdmissionAnyone who is not excluded and meets the requirements is admitted. This is possible throughout the term. There is no ranking and no maximum.
• Stage 3Award per contractFor each specific contract, the buyer invites all admitted companies to tender. This is where price and quality come in.

How do you get admitted to a DPS?

You are admitted if no exclusion grounds apply to you and you meet the selection criteria. The buyer admits all candidates that have not been excluded or rejected (article 2.49). The explanatory note to the 2016 amendment of the Dutch act puts it plainly: there is no selection. The buyer may not limit the number of participants (article 2.144, paragraph 2). PIANOo’s guidance says the same: the number of companies in a DPS cannot be capped.

To be admitted, you submit what every European tender asks for. Usually that is the European Single Procurement Document (ESPD), in which you declare that no exclusion grounds apply and that you meet the selection criteria. The buyer may not charge you any fees for the DPS.

If the DPS is divided into categories, you apply per category. The buyer must state the categories and the selection criteria for each one in the documents. The division must be objective, for example by the maximum size of later contracts or by geographic area (article 34, paragraph 1, of the directive). On TenderNed, the Dutch national tender platform, the buyer creates a lot for each category. PIANOo notes that narrow categories mostly attract specialised small businesses, and broad ones mostly distributors.

How is a contract awarded within a DPS?

For each specific contract, the buyer invites all admitted companies to tender. If the DPS has categories, it invites all companies admitted to the category the contract falls under (article 2.50 of the Dutch act and article 34, paragraph 6, of the directive). The time limit for tenders is at least 10 days from the date the invitation is sent.

1. 1InvitationYou receive the invitation to tender electronically. According to TenderNed, only companies admitted before the invitation is sent can take part. Apply too late, and you miss that contract.
2. 2TenderingYou have at least 10 days. The steps are those of the second stage of the restricted procedure. All communication is electronic, and oral interviews are not allowed (article 2.145).
3. 3EvaluationThe buyer awards the contract to the best tender based on the award criteria in the DPS contract notice. It may refine those criteria in the invitation. According to PIANOo, lowest price can be used when what is being bought is highly standardised, provided the buyer gives its reasons. Expect price to weigh heavily.
4. 4AwardYou receive an award decision. According to PIANOo, a standstill period is not mandatory for a contract within a DPS, though it is recommended. So check the invitation to see whether one applies. What you can do after the decision is covered in after the award decision.

Admission to a DPS is an entry pass, not a contract. You win invitation by invitation, in ten days.

A fictional example. A Dutch province sets up a DPS for office supplies, with one category for contracts up to a certain value and one above it. A small company is admitted to the first category. Three months later the first invitation arrives, with ten days to submit a price list and a delivery schedule. If you still have to work out your pricing at that point, time is short. If it is ready, you can focus on the contract itself.

What is the difference between a DPS and a framework agreement?

The main difference: you can join a DPS later, but not a framework agreement. A framework agreement is tendered once, with prices and terms fixed from the award. If you do not take part or do not win, you stay out for the whole term. In a DPS, admission only means you have been found suitable. You quote prices contract by contract.

For you as a bidder, this changes your pricing. PIANOo points out that uncertainty about volume in a DPS can lead to higher prices, and that in a large market a framework agreement with a few suppliers is often more proportionate. In a DPS you compete again each time, against an unknown number of other admitted companies.

Where do you find a dynamic purchasing system?

In the Netherlands, a DPS is announced like any European tender, through TenderNed. The buyer selects setting up a dynamic purchasing system as the nature of the contract, with the restricted procedure. The end date of the DPS is entered as the deadline for receiving applications. Since March 2025, TenderNed has supported the full process: you can apply through TenderNed and, once admitted, bid for specific contracts there. How to search and set up an interest profile is covered in finding public tenders in the Netherlands.

A DPS stays open until its end date. A notice that is months or years old may therefore still be open. Look at the end date, not the publication date. Awarded contracts are linked to the DPS notice, so you can see how many contracts go through the system. According to PIANOo, the buyer may publish awarded contracts within 30 days or grouped per quarter.

Will the new EU rules change the DPS?

Not yet. On 9 September 2026 the European Commission presented a proposal to replace the three procurement directives with a single regulation. It includes a new dynamic procedure that, according to Europa decentraal, the Dutch knowledge centre on EU law for public authorities, resembles the current DPS but is not limited to commonly used products and services. The proposal still has to pass the European Parliament and the Council and may change. Under the proposal, the regulation would only apply two years after it enters into force. Until then, the directive and the Dutch act continue to apply, including the rules in this article.

How to get more out of a DPS

1. 1Apply earlyNo contracts are put out during the initial 30-day application period. Apply then and get admitted, and you receive the first invitation too. Applying later is possible, but you miss contracts already put out.
2. 2Choose your categories deliberatelyApply for the categories you can really deliver. If you do not meet a category’s requirements, you will not be admitted to it, and a contract you cannot perform only costs you time.
3. 3Keep your evidence up to dateDuring the term, the buyer may at any time ask for an updated self-declaration, to be submitted within five working days (article 34, paragraph 7, of the directive). Keep track of your Gedragsverklaring Aanbesteden, the Dutch certificate of conduct for tenders, the statement from the Dutch Tax Administration and your trade register extract. How old they may be is covered in exclusion grounds and the certificate of conduct.
4. 4Keep your profile currentYour admission rests on what you declared when you applied: turnover, references, certificates. If any of that changes, you still need to be able to back up what you declared. Record what you submitted and when.
5. 5Prepare your pricingWith ten days per contract there is little room. Have your price build-up, delivery times and standard details ready, so you spend the time on what this contract asks for.