Dynamic markets and DPS: the supplier lists you can join at any time
By James Rehman, founder of Bidwhistle · Last checked 28 September 2026 · About 8 minutes to read
Most frameworks close once they are awarded: miss the tender and you wait years for the next one. Dynamic markets work the other way. They are lists of qualified suppliers that stay open, so you can apply to join whenever you are ready. For a small business that has missed a framework, or is only now ready to sell to the public sector, they are one of the easiest ways in.
Under the Procurement Act 2023, which applies in England, Wales and Northern Ireland, dynamic markets replace the dynamic purchasing systems (DPS) of the old rules. This guide explains both, because the old DPSs carry on for some time yet. It covers the rules as they stood on the date above.
The short version
- You can apply at any time. The buyer must consider your application within a reasonable period, and admit you if you meet its conditions and are not excluded.
- There is no limit on numbers, and the conditions cannot change while the market runs.
- Joining is not winning. Contracts are competed for among the members, so you still have to bid.
- Fees are charged only on work you win, as a fixed percentage, except in some markets run for utilities.
- Every old-style DPS closes by 23 February 2029 at the latest. If you rely on one, watch for its replacement.
1. What a dynamic market is
The government's guidance describes a dynamic market as a list of qualified suppliers who have met the buyer's conditions for membership and can take part in its future procurements. A market can be divided into parts, for example by type of service or by region, and you apply for the parts you can deliver.
Dynamic markets can be used to buy any goods, services or works. The DPSs they replace were limited to commonly used purchases. The Act sets no maximum term, so a market can run for a fixed period or be open-ended.
Being admitted is not the award of a contract. It gives you the right to compete for the contracts the market is used for, and nothing more.
2. Joining
The Act gives you firm rights when you apply. The buyer must:
- accept applications at any time while the market runs;
- consider each application within a reasonable period;
- admit, as soon as reasonably practicable, every supplier that meets the conditions for membership and is not excluded;
- tell you the outcome, with its reasons.
The buyer cannot limit the number of members, and cannot change the conditions for membership while the market runs. The Act sets no fixed number of days for a decision, where the old DPS rules said ten working days.
The conditions must be fair to small businesses. They must be proportionate, and they can cover only your legal and financial capacity and your technical ability. The buyer cannot demand audited accounts from a business that is not required to have them, insurance before a contract is awarded, or that you have held a contract with a particular public body before. It must accept equivalent qualifications. It may ask for evidence it can check independently, such as a certificate.
Apply early. If you are not yet a member when a competition is run, you can still respond, and the buyer must consider your application before shutting you out, except in exceptional circumstances. But the buyer may set a date by which applications must be in, and you can only be invited to competitions in the parts you have joined.
3. How contracts are awarded
Contracts are awarded through a competition open only to the members of the market, or of the relevant part, using the competitive flexible procedure. The winner is the most advantageous tender, judged against published criteria, as in any other tender.
Each competition has its own tender notice on Find a Tender, which says that the contract is being awarded by reference to membership of a dynamic market and names the market. There is no compulsory standstill period before the contract is signed.
Utilities are different. A buyer running a market only for utilities contracts can publish a notice saying that future contracts will be advertised to members only. After that, its tender notices go only to members and are not published, so membership is the only way to see them.
4. The notices to watch
Each stage of a dynamic market has its own notice on Find a Tender:
| Notice | What it tells you | What to do |
|---|---|---|
| Dynamic market intention notice (UK13) | A market is being set up: the conditions, the parts and how to apply | Apply now |
| Dynamic market establishment notice (UK14) | The market is live, with its members listed | Apply if you are not on it |
| Dynamic market modification notice (UK15) | Members have been added or removed, or something else has changed | Check the change |
| Dynamic market cessation notice (UK16) | The market has closed | Watch for a replacement |
| Tender notice (UK4) awarded by reference to a dynamic market | A competition for members | Bid, if you are a member of that part |
5. Fees
In most dynamic markets, the buyer can charge a fee only to suppliers that win a contract, as a fixed percentage of the contract's estimated value, and the government's guidance says there is no fee for joining. The fee must be stated in the market's notice. Markets run only for utilities contracts may also charge fees for joining and staying a member. Check the notice, and build any fee into your prices.
6. Existing dynamic purchasing systems
DPSs set up under the old rules, the Public Contracts Regulations 2015, carry on under those rules. Each one closes at its own end date, or at the end of 23 February 2029, whichever is earlier. Their end dates could not be changed after 23 February 2026.
Until an old DPS closes, you can still apply to join it. Under the old rules, the buyer must decide on your application within ten working days, or fifteen where it can justify longer, and every member of the relevant category must be invited to each competition. Contracts already awarded under a DPS can run beyond the date it closes.
If a DPS matters to your business, note its end date now, and watch for the dynamic market that replaces it: its intention notice is your moment to apply.
7. Scotland
Scottish public bodies follow Scotland's own rules, and dynamic purchasing systems carry on there. The 2029 closing date does not apply to them. Buyers must decide on applications within ten working days, or fifteen where justified, and may not charge suppliers. Scottish opportunities are advertised on Public Contracts Scotland.
What to do this month
- Search Find a Tender for dynamic market intention and establishment notices in your field, and for DPSs that are still open.
- Read the conditions for membership, and apply for every part you can deliver: you will only be invited to competitions in your parts.
- Keep your Find a Tender registration and core supplier information up to date.
- Check the fee in each market's notice, and build it into your prices.
- If you rely on a DPS, note its end date and watch for the dynamic market that replaces it.
How Bidwhistle helps
Bidwhistle finds tenders from UK and European public portals, including competitions run through dynamic markets and DPSs, and matches them to your business. It recognises DPS and framework notices, so it does not rule one out because its headline value covers every supplier over several years. Olivia, our AI bid adviser, explains what each tender is asking for.