Article 32. Dynamic procurement systems.

1. For purchases of current use, whose characteristics, as generally available on the market, satisfy the needs of the contracting authorities and granting bodies, it is possible to make use of a dynamic purchasing system. The dynamic purchasing system is an entirely electronic process and is open for the entire period of effectiveness to any economic operator who meets the selection criteria. It can be divided into defined categories of products, works or services based on the characteristics of the contract to be performed. Such characteristics may include a reference to the maximum allowable quantity of subsequent specific procurements or to a specific geographical area in which the procurements will be performed. 2. For procurement under a dynamic purchasing system, procuring authorities and entities grantors observe the rules established for the restricted procedure referred to in Article 72. All candidates who satisfy the selection criteria are admitted to the system and the number of candidates admitted cannot be limited. The contracting authorities and granting bodies that have divided the system into categories of products, works or services in accordance with paragraph 1, specify the selection criteria applicable for each category. 3. In ordinary sectors, without prejudice to the provisions of article 72 , the following terms apply: a) the minimum deadline for receiving requests to participate is thirty days from the date of transmission of the tender notice or, if a pre-information notice is used as a means of calling a tender , from the date of sending the invitation to confirm interest. No further deadlines for the receipt of requests to participate are applicable once the invitation to tender for the first specific procurement in the dynamic purchasing system has been sent; b) the minimum deadline for the receipt of tenders is at least ten days from the date of transmission of the invitation to tender. Article 72, paragraph 5 applies. 4. In the special sectors, the following terms apply: a) the minimum deadline for receiving requests to participate is set at no less than thirty days from the date of transmission of the notice of tender or, if a periodic indicative notice is used as a means of calling for tenders, the invitation to confirm interest. No further deadlines are applicable for the receipt of requests to participate after the sending of the invitation to submit offers for the first specific contract; b) the minimum deadline for the receipt of offers is at least ten days from the date of transmission of the invitation to submit offers. Article 72, paragraph 5 applies. 5. All communications under a dynamic purchasing system shall be carried out exclusively by electronic means in accordance with Article 29. 6. To award contracts under a dynamic purchasing system , the contracting authorities and granting bodies: a) publish a call for tenders specifying that it is a dynamic purchasing system; b) in the tender documents they specify at least the nature and estimated quantity of the planned purchases, as well as all necessary information regarding the dynamic purchasing system, including the system's operating methods, the electronic device used as well as the connection methods and technical specifications; (c) indicate any division into categories of products, works or services and the characteristics that define the categories; d) offer free, direct and complete access to the tender documents in accordance with Article 88. 7. The contracting authorities and granting bodies ensure that all economic operators, for the period of validity of the dynamic procurement system, the possibility of requesting admission to the system under the conditions referred to in paragraphs 2 to 4. The contracting authorities and granting bodies evaluate such applications based on the selection criteria within ten working days of their receipt. The deadline may be extended by up to fifteen working days in individual justified cases, in particular due to the need to examine additional documentation or otherwise verify whether the selection criteria have been met. By way of derogation from the first, second and third periods, provided that the invitation to tender for the first specific procurement in the dynamic purchasing system has not been sent, contracting authorities and granting entities may extend the evaluation period, provided that during no invitation to tender is issued during the extended evaluation period. Contracting authorities and granting bodies indicate in the tender documents the maximum duration of the extended period that they intend to apply. The contracting authorities shall communicate as soon as possible to the economic operator concerned whether or not it has been admitted to the dynamic purchasing system. 8. The contracting authorities and granting bodies invite all admitted participants to submit a bid for each specific contract in the scope of the dynamic purchasing system, in accordance with Article 89 and Article 165. Where the dynamic purchasing system has been divided into categories of products, works or services, procuring authorities and awarding entities shall invite all participants admitted to the category that corresponds to the specific contract to submit a bid. They shall award the contract: a) in the ordinary sectors, to the tenderer who has submitted the best offer on the basis of the award criteria set out in the tender notice for the establishment of the dynamic purchasing system or, if a notice of advance notice information is used as a means of calling for tenders, in the invitation to confirm interest; b) in special sectors, to the tenderer who has submitted the best offer on the basis of the award criteria set out in the tender notice for the establishment of the dynamic purchasing system, in the invitation to confirm interest, or, when a notice on the existence of a qualification system is used as a means of calling for competition, in the invitation to submit a tender. 9. The criteria referred to in paragraph 8 may, if necessary, be specified in the invitation to tender. 10. In ordinary sectors, contracting authorities and granting bodies may require, at any time during the period of validity of the dynamic purchasing system, that the admitted participants innovate or update the single European tender document referred to in Article 91, within five working days from the date on which this request is sent. 11. In the special sectors, the contracting authorities and granting bodies that apply the reasons for exclusion and selection criteria provided for in Articles 94, 95 and 99, may require, at any time during the period of validity of the dynamic purchasing system, that the admitted participants innovate or update the single European procurement document referred to in Article 91, within five working days from the date on which such request is sent. 12. The contracting authorities and granting bodies indicate in the call for tenders the period of validity of the dynamic purchasing system. They shall inform the European Commission of any change in that period of validity using the following template forms: (a) if the period of validity is changed without terminating the system, the template initially used for the call for competition for the dynamic purchasing system; b) if the system is terminated, the award notice referred to in articles 111 and 163, paragraph 2. 13. They cannot be charged to the economic operators interested in or participating in the dynamic purchasing system acquisition of administrative contributions before or during the period of validity of the dynamic acquisition system. 14. The Ministry of Economy and Finance, also making use of Consip Spa, can provide for the creation and management of a dynamic acquisition system on behalf of the contracting authorities, preparing the organizational and administrative, electronic and telematic tools and taking care of the execution of all the necessary IT, telematic and consultancy services. 15. The framework agreements referred to in article 59 and the conventions referred to to article 26 of law 23 December 1999, n. 488, can be stipulated during the awarding of specific contracts based on a dynamic purchasing system. The dilatory term referred to in Article 18, paragraph 3, applies to them if the amount is equal to or greater than the thresholds of European significance. EFFECTIVE: July 1, 2023