UK procurement: dynamic markets Q&A

A dynamic market is a list of suppliers meeting specified membership conditions that authorities can use for relevant contract competitions.

Establishing the market is distinct from awarding a public contract.

Membership provides access to opportunities under its rules, rather than a contract or guaranteed orders.

The guidance sets out admission, notice and competition requirements.

Read the market’s scope and any divisions so you apply for the part relevant to the goods, works or services you can actually deliver.

Scope: United Kingdom: Procurement Act 2023 regime; devolved variations may apply

Sources and context

• Guidance: Dynamic Markets — Cabinet Office

Factual basis compared with retrieved primary/official material; retrieval scope and limitations are recorded in the source register. Not independent professional approval.

Yes. Authorities establishing dynamic markets must accept membership applications at any time, consider them within a reasonable period and admit qualifying suppliers as soon as reasonably practicable, subject to the applicable exclusion rules.

That continuing access is a central distinction from a closed standard framework.

It does not mean admission is instantaneous or that a pending application secures every live contract opportunity.

Allow time for assessment before relying on membership for a particular competition.

Scope: United Kingdom: Procurement Act 2023 regime; devolved variations may apply

Sources and context

• Guidance: Dynamic Markets — Cabinet Office

Factual basis compared with retrieved primary/official material; retrieval scope and limitations are recorded in the source register. Not independent professional approval.

The guidance states that the number of suppliers on a dynamic market cannot be limited.

Suppliers that meet the membership conditions must be treated according to the relevant admission and exclusion rules.

A particular contract competition can still have its own lawful process, so unlimited market membership does not guarantee a place in every later stage of every procurement.

Distinguish admission to the market from selection and evaluation for an individual contract.

Scope: United Kingdom: Procurement Act 2023 regime; devolved variations may apply

Sources and context

• Guidance: Dynamic Markets — Cabinet Office

Factual basis compared with retrieved primary/official material; retrieval scope and limitations are recorded in the source register. Not independent professional approval.

The guidance states that membership conditions cannot be modified during the life of the dynamic market and must remain consistent for fairness.

This does not make every future contract requirement identical: the particular competition can have contract-specific needs within the applicable rules.

When applying, retain the membership conditions and the evidence supplied.

If a later requirement appears to alter admission retrospectively, ask the authority to explain the legal basis and the intended effect.

Scope: United Kingdom: Procurement Act 2023 regime; devolved variations may apply

Sources and context

• Guidance: Dynamic Markets — Cabinet Office

Factual basis compared with retrieved primary/official material; retrieval scope and limitations are recorded in the source register. Not independent professional approval.

For a dynamic market other than a utilities dynamic market, fees may only be charged to suppliers awarded a contract under the market, and must take the permitted form of a fixed percentage of the estimated contract value.

Utilities dynamic markets have different fee provisions.

Read the establishing documents for disclosed fees and the applicable category.

Do not assume a charge is lawful or unlawful simply because another framework or market uses a different commercial model.

Scope: United Kingdom: Procurement Act 2023 regime; devolved variations may apply

Sources and context

• Guidance: Dynamic Markets — Cabinet Office

Factual basis compared with retrieved primary/official material; retrieval scope and limitations are recorded in the source register. Not independent professional approval.

Procurements under a dynamic market use the competitive flexible procedure rather than the open procedure.

The market membership requirement and the individual competition both matter.

Being admitted does not replace the need to respond to the contract opportunity or satisfy its conditions and award criteria.

Build separate records for the membership application and each subsequent competition so the team can track renewal information, notices, deadlines and contract-specific evidence accurately.

Scope: United Kingdom: Procurement Act 2023 regime; devolved variations may apply

Sources and context

• Guidance: Dynamic Markets — Cabinet Office

Factual basis compared with retrieved primary/official material; retrieval scope and limitations are recorded in the source register. Not independent professional approval.

No. The guidance distinguishes the market-establishing documents from a contract for the purposes of the Act.

Membership confirms admission to a procurement mechanism; a later award must follow the applicable contract competition process.

Report membership separately from awarded revenue in sales statistics and marketing.

If a membership acceptance is described internally as a win, make clear that it is a qualification milestone and that future business still depends on actual orders or contract awards.

Scope: United Kingdom: Procurement Act 2023 regime; devolved variations may apply

Sources and context

• Guidance: Dynamic Markets — Cabinet Office

Factual basis compared with retrieved primary/official material; retrieval scope and limitations are recorded in the source register. Not independent professional approval.

No. Dynamic markets are part of the new Act, while dynamic purchasing systems arise under the previous legislation and transitional arrangements may preserve them for a period.

The terminology, establishment and operating rules are not interchangeable.

Check the legal basis and original documents before applying advice about fees, admission or notices.

A platform may display both kinds of opportunity, so the portal name alone does not identify which procurement mechanism is being used.

Scope: United Kingdom: Procurement Act 2023 regime; devolved variations may apply

Sources and context

• Guidance: Dynamic Markets — Cabinet Office

Factual basis compared with retrieved primary/official material; retrieval scope and limitations are recorded in the source register. Not independent professional approval.

The guidance provides a route for a supplier that submits a request or tender while not yet a member to apply for membership, with an obligation to consider that application before exclusion on membership grounds.

There is an exception for particular complexity-related timing circumstances.

Follow any published application dates and apply early.

This protection should not be treated as a guarantee that a last-minute application will be processed before every contract deadline.

Scope: United Kingdom: Procurement Act 2023 regime; devolved variations may apply

Sources and context

• Guidance: Dynamic Markets — Cabinet Office

Factual basis compared with retrieved primary/official material; retrieval scope and limitations are recorded in the source register. Not independent professional approval.

Yes, the guidance allows reapplication if the supplier can subsequently demonstrate that it satisfies the membership conditions or is no longer excluded or excludable as relevant.

Removal and readmission depend on the applicable facts and legal requirements.

Keep the reasons for removal and address them with evidence.

Repeating the previous application unchanged is unlikely to resolve a continuing deficiency, and membership restoration should be distinguished from entitlement to any contract already awarded.

Scope: United Kingdom: Procurement Act 2023 regime; devolved variations may apply

Sources and context

• Guidance: Dynamic Markets — Cabinet Office

Factual basis compared with retrieved primary/official material; retrieval scope and limitations are recorded in the source register. Not independent professional approval.