2 stage process. Initial set up- all suppliers who meet the selection criteria must be admitted to the DPS. There is no limit on the number of suppliers who join. Suppliers can join at any time during the lifetime of the contract. Contracts are awarded during the 2nd stage.
Setting up a DPS
OJEU notice
Suppliers are given 30 days to respond
A PIN notice can be used
This set up phase covers exclusion and selection criteria
Electronic documents should be made available from the date of advertising
If the DPS is divided into categories then the selection criteria should be appropriate
Suppliers shall self- certify their compliance with the selection requirements and confirm that no grounds for exclusion apply
Suppliers can join the DPS at any point and the CA is required to evaluate these suppliers within 10 days of receipt
A supplier may apply to be part of more than one category for the same DPS
Selection criteria should not be artificially high to limit the number of suppliers to do so would be in breach of proportionality and equal treatment
Awarding under the DPS
Rules of the restricted procedure should be applied when completing a call off
The same award criteria must be used for the original DPS set up but maybe formulated more precisely for the tender
All suppliers within the categories/ lots must be invited to bid
The minimum timescales for return is 10 days
No obligation for standstill but there are benefits
There is no need to submit an award notice to OJEU following the DPS
There is a requirement to publish contract award notices within 30 days of the award for specific contracts – the norm is to group contract award notices on a quarterly basis which must be sent within 30 days of the end of each quarter
Contracts finder rules applies
Direct award is not possible under a DPS
There is a requirement for a notice of decision but a full standstill letter is not an obligation
