Art. 55. Dynamic purchasing systems

1. For commonly used purchases the characteristics of which, as generally available on the market, meet the requirements of the contracting authorities or entities, contracting authorities may use a dynamic purchasing system. The dynamic purchasing system shall be a completely electronic process, and shall be open throughout the period of validity to any economic operator that satisfies the selection criteria. It may be divided into categories of products, works or services on the basis of characteristics of the procurement to be undertaken. Such characteristics may include reference to the maximum allowable size of the subsequent specific contracts or to a specific geographic area in which contracts will be performed.

2. In order to procure under a dynamic purchasing system, contracting authorities or entities shall follow the rules provided for the restricted procedure under Article 61. All the candidates satisfying the selection criteria shall be admitted to the system, and the number of candidates to be admitted to the system shall not be limited in accordance with Articles 91 and 135, paragraph

1. Where contracting authorities have divided the system into categories of products, works or services in accordance with paragraph 1, they shall specify the applicable selection criteria for each category.

2. In the ordinary sectors, notwithstanding what provided for in Article 61, the following time limits shall apply:

a) the minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent. No further time limits for receipt of requests to participate shall apply once the invitation to tender for the first specific procurement under the dynamic purchasing system has been sent;

b) the minimum time limit for receipt of tenders shall be at least 10 days from the date on which the invitation to tender is sent. Where appropriate, Article 61, paragraph 5 shall apply.

3. In special sectors, the following time limits shall apply:

a) the minimum time limit for receipt of requests to participate shall, be fixed at no less than 30 days from the date on which the contract notice or, where a periodic indicative notice is used as a means of calling for competition, the invitation to confirm interest is sent. No further time limits for receipt of requests to participate shall apply once the invitation to tender for the first specific procurement has been sent.

b) the minimum time limit for receipt of tenders shall be at least 10 days from the date on which the invitation to tender is sent. Article 61, paragraph 5 shall apply.

4. All communications in the context of a dynamic purchasing system shall only be made by electronic means in accordance with Article 52, paragraphs 1, 2, 3, 5, 6, 8 and 9.

5. For the purposes of awarding contracts under a dynamic purchasing system, contracting authorities shall:

a) publish a call for competition making it clear that a dynamic purchasing system is involved;

b) indicate in the procurement documents at least the nature and estimated quantity of the purchases envisaged, as well as all the necessary information concerning the dynamic purchasing system, including how the dynamic purchasing system operates, the electronic equipment used and the technical connection arrangements and specifications;

c) indicate any division into categories of products, works or services and the characteristics defining those categories;

d) offer unrestricted and full direct access to the procurement documents in conformity with Article 74.

6. Contracting authorities or entities shall give any economic operator, throughout the entire period of validity of the dynamic purchasing system, the possibility of requesting to participate in the system under the conditions referred to in paragraphs 2 to 4. Contracting authorities or entities shall assess such requests in accordance with the selection criteria within 10 working days following their receipt. That deadline may be prolonged up to 15 working days in individual cases where justified, in particular because of the need to examine additional documentation or to otherwise verify whether the selection criteria are met. Notwithstanding the first, second and third period, as long as the invitation to tender for the first specific procurement under the dynamic purchasing system has not been sent, contracting authorities or entities may extend the evaluation period provided that no invitation to tender is issued during the extended evaluation period. Contracting authorities or entities shall indicate in the procurement documents the maximum length of the extended period that they intend to apply. Contracting authorities or entities shall inform as early as possible the economic operator concerned of whether or not it has been admitted to the dynamic purchasing system.

7. Contracting authorities or entities shall invite all admitted participants to submit a tender for each specific procurement under the dynamic purchasing system, in accordance with Article 75 and Article 131. Where the dynamic purchasing system has been divided into categories of products, works or services, contracting authorities or entities shall invite all participants having been admitted to the category corresponding to the specific procurement concerned to submit a tender. They shall award a contract:

a) in the ordinary sectors, to the tenderer that has presented the best tender on the basis of the award criteria set out in the contract notice for the establishment of the dynamic purchasing system or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest.

b) in the special sectors, to the tenderer that has presented the best offer on the basis of the award criteria set out in the contract notice for the establishment of the dynamic purchasing system, in the invitation to confirm interest or, where a notice on the existence of a system of qualification is used as a means of calling for competition, an invitation to submit an offer.

8. The criteria in paragraph 8, letters a) and b) may, where appropriate, be formulated more precisely in the invitation to tender.

9. In ordinary sectors, contracting authorities may, at any time during the period of validity of the dynamic purchasing system, require admitted participants to submit a renewed and updated Single European Procurement Document as provided for in Article 85, within five working days from the date on which that request is transmitted. Article 85, paragraphs from 5 to 7, shall apply throughout the entire period of validity of the dynamic purchasing system.

10. In special sectors, contracting entities which, pursuant to Article 136, apply the grounds for exclusion and the selection criteria referred to in Articles 80 and 83, may require, in any moment in which the dynamic purchasing system is valid, that selected participants renew or update the European single procurement document referred to in Article 85, within 5 working days since the date in which the request is submitted. Article 85, paragraphs 5 to 7, shall apply for all the period in which the dynamic purchasing system is valid.

11. Contracting authorities or entities shall indicate the period of validity of the dynamic purchasing system in the call for competition. They shall notify the Commission of any change in the period of validity, using the following standard forms:

a) where the period of validity is changed without terminating the system, the form used initially for the call for competition for the dynamic purchasing system;

b) where the system is terminated, a contract award notice referred to in Articles 98 and 129, paragraph 2.

12. No charges may be billed prior to or during the period of validity of the dynamic purchasing system to the economic operators interested in or party to the dynamic purchasing system.

13. The Minister of Economics and Finances, also relying on CONSIP S.p.A., may provide to the realization and operation of a dynamic purchasing system on behalf of the contracting authorities or entities, preparing the organizational and administrative, electronic and digital tools and taking care of the execution of all computerised, digital and advisory services needed.