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Dynamic markets under the Procurement Act 2023: practical guidance on establishment, membership, management, fees and contract awards, including utilities dynamic markets and below-threshold rules

Practice notes
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From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in effect. Procurements commenced on or after that date must be conducted under PA 2023, while those launched under earlier rules — the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011 — must continue to be procured and overseen in accordance with that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.

This content relates to the Procurement Act 2023 regime. It provides practical guidance on public procurement under the Procurement Act 2023 (PA 2023). PA 2023 introduces dynamic markets. The concept is not new; dynamic markets replace dynamic purchasing systems (DPSs), which were included in the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. For practical guidance on DPSs, see Practice Note: Introduction to framework agreements and dynamic purchasing systems.

What are dynamic markets?

A dynamic market is a register of pre-approved suppliers, created by a contracting authority or authorities for its own benefit and that of other contracting authorities. In contrast to a framework agreement, membership of a dynamic market can change during its lifetime...

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Katherine Calder
Katherine Calder

Katherine is a Partner at DAC Beachcroft and heads the firm's Public Procurement Law team and chairs its Infrastructure & Projects group. Katherine has over 20 years’ experience of advising public bodies, utilities and the private sector on public procurement issues. Katherine has advised upon the procurement issues inherent within a wide variety of PPPs, PFIs, regeneration and outsourcing projects, across sectors and covering most aspects of local and national public infrastructure; from new homes, schools, energy facilities, roads to IT projects.Highlights over her career include numerous education, waste and housing PPPs/PFIs; the 2012 Olympic Games; the Thames Tideway Tunnel super-sewer; high profile defence agreements; the complex alliances and other significant partnerships for the National Highways, the Metropolitan Police, Thames Water, Transport for London, the Greater London Authority and many central government departments. She also advises private sector bidders on how to do their very best in...

Victoria Fletcher
Victoria Fletcher

Victoria is a senior associate specialising in public procurement.Victoria has over 14 years post qualification experience in public procurement. Victoria advises clients across a range of sectors including health and social care, central and local government, utilities, insurance, technology and real estate. Her key clients include NHS commissioners and providers, local authorities and private sector bidders.Victoria advises on all aspects of the procurement process from developing a procurement strategy and drafting documentation through to standstill issues. She has a "hands-on" approach and has managed procurement processes for clients. Victoria also works on contentious procurement matters, bringing and defending procurement challenges. This benefits her non-continuous procurement clients as it gives her insight into areas of potential challenge and an appreciation of legal risk.Relevant experience includes advising:A central government client in a multi-Lot procurement to appoint strategic partners to provide...

Web page updated on 21/05/2026

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