Dynamic purchasing system

A dynamic purchasing system is a completely electronic system for purchases that need no particular adaptation, for example off-the-shelf goods (§ 26-4 of the Public Procurement Regulations (anskaffelsesforskriften); the § references on this page are to the Regulations unless another instrument is named). In Norwegian it is called dynamisk innkjøpsordning, or DIO, and it is also known as DPS, from the English name. The system has two stages: first suppliers are admitted, and then those admitted compete for each contract the contracting authority wants to conclude. DFØ (the Norwegian Agency for Public and Financial Management) mentions, among other things, office supplies, consumables, software, cleaning, transport, simple building and construction works and some consultancy services as examples of what the system is suited for.

The contracting authority sets up the system through a restricted procedure (begrenset anbudskonkurranse) advertised under the rules in Part III (§ 26-5), the part of the Regulations for supply, service and works contracts at or above the EEA thresholds. The contract notice must state how long the system will last, and changes to the duration must be advertised. The Regulations set no upper limit, and DFØ writes that there is no limit on how long a system can last. The tender documents must be available electronically, free of charge, directly and without restriction for as long as the system lasts, and must state, among other things, what and how much the contracting authority plans to buy, any categories the system is divided into, and the qualification requirements in each category. The value that decides which rules apply is the maximum value of all the contracts the contracting authority expects to conclude while the system lasts (§ 5-4 (5)).

All suppliers that meet the qualification requirements must be admitted, and the contracting authority cannot cap their number (§ 26-6). Before the first competition under the system, there is a time limit for requests to participate of at least 30 days from the day the contracting authority sends the contract notice to TED (Tenders Electronic Daily), the EU's database of procurement notices, or from the day it sends the invitation to confirm interest. Once the invitation to the first competition has been sent, no time limit applies, and suppliers can request to participate for as long as the system lasts. The contracting authority cannot charge a fee for the request or for taking part (§ 26-4).

For each contract, the contracting authority invites all the admitted suppliers, or all those admitted to the category the contract concerns (§ 26-7). The time limit for tenders is at least 10 days from the day the invitation was sent, but contracting authorities other than central government authorities may set the time limit by agreement with the suppliers invited, provided the same time limit applies to all of them; without agreement, it is at least 10 days (§ 26-7 (3) and § 20-3 (3)). The tenders are assessed against the award criteria in the contract notice, which may be formulated more precisely in the invitation. No standstill period (karensperiode) is required before the contract is concluded (§ 25-2), but the conclusion of each contract must be published as soon as possible and no later than 30 days after the contract was concluded (§ 26-7 and § 21-6).

The rules on setting up and running a system are in Part III of the Regulations (§ 26-4 to § 26-7). Part II and Part IV have no provisions on dynamic purchasing systems. Part II applies from NOK 1.3 million up to the EEA thresholds (except health and social services), and to special services (særlige tjenester) from NOK 1.3 million with no upper limit. A contracting authority may also buy through a system set up by a central purchasing body (innkjøpssentral), and must then be identified in the contract notice (§ 7-8). The Utilities Regulations (forsyningsforskriften) have their own rules on the system (§ 22-2 to § 22-5).

You can apply for admission at any time while the system lasts. Since 1 July 2026, only undertakings established in Norway or another EEA state, or in a state that is party to the WTO Agreement on Government Procurement (GPA) or another agreement binding Norway, have rights under the Act and the Regulations, and the latter only to the extent that agreement gives them rights (Public Procurement Act § 3). Other undertakings may take part in competitions but cannot rely on those rights. For a framework agreement, DFØ takes the view that new suppliers cannot join after it has been concluded. If you missed the first time limit in a dynamic purchasing system, or only meet the requirements later, you can apply then. According to DFØ, the competition for each individual contract is not advertised, and the invitation goes only to those admitted. A supplier that has not been admitted therefore gets no invitation to the competitions. Advice: apply for admission in every category you can deliver in.

Each competition is about the tender. Qualification is assessed at admission, and DFØ writes that the price is only set in each individual competition. The time limit can be short, at least 10 days, and with contracting authorities other than central government authorities shorter by agreement with the suppliers. The contracting authority may also ask for tenders in the form of an electronic catalogue or hold an electronic auction (§ 27-1 and § 27-2). Advice: have your pricing basis, CVs and standard texts ready, so that you have time to answer the invitations.

Keep your qualification up to date. The contracting authority may at any time require you to submit an updated self-declaration (ESPD, the European Single Procurement Document) within five working days, and before a contract is awarded, the selected supplier must submit updated documentary evidence without delay (§ 26-7 (6) and § 17-1). A requirement for a minimum yearly turnover must be calculated on the basis of the expected maximum value of the contracts to be concluded under the system (§ 16-3 (4)).

A county authority (fylkeskommune) sets up a dynamic purchasing system for hiring IT consultants for five years, estimated at NOK 40 million and divided into three categories: project management, development and operations. The value is above the EEA threshold of NOK 2.5 million for county authorities. The contract notice is sent to TED on 4 January 2027, and the time limit for requests to participate before the first competition is set at 8 February, 35 days later. Your company does not meet the reference requirement in development until June, and requests admission to that category then. The county authority assesses the request within 10 working days and admits you. The next time the county authority needs a developer, everyone in the category gets an invitation with a 10-day time limit for tenders. You win, the contract is signed without a standstill period, and the county authority publishes the conclusion of the contract within 30 days.