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how to set up a Dynamic Purchasing System in Denmark

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How to Set Up a Dynamic Purchasing System (DPS) in Denmark, Step‑by‑step (2026 Update)

By Global Law Experts
– posted 50 minutes ago

A Dynamic Purchasing System (DPS) gives Danish contracting authorities a flexible, fully electronic procurement tool for goods, services or works that are commonly available on the market. Understanding how to set up a Dynamic Purchasing System in Denmark is essential for procurement officers, municipal buyers and public‑sector project managers who need a mechanism that stays open to new suppliers throughout its lifetime, unlike a closed framework agreement. The dynamic purchasing system process in Denmark is governed by the Danish Public Procurement Act (Udbudsloven), which transposes EU Directive 2014/24/EU, and several procedural requirements changed when updated EU thresholds took effect on 1 January 2026.

This guide walks through every stage, from scoping and publication to supplier admission, call‑offs and complaint handling, so contracting authorities can launch a compliant DPS in 2026 and beyond.

Overview of the Dynamic Purchasing System Process and Who It Applies To

A DPS is a completely electronic, open‑market procurement system. The contracting authority publishes a notice, sets qualification criteria, and then admits every supplier that meets those criteria, not just at the outset, but on a rolling basis for the entire lifespan of the system. Individual contracts are awarded through simplified call‑off procedures (typically mini‑competitions) among admitted suppliers.

The legal basis in Denmark is Part III of the Udbudsloven, which mirrors Articles 34 and 35 of EU Directive 2014/24/EU. The Konkurrence‑ og Forbrugerstyrelsen (Danish Competition and Consumer Authority, KFST) publishes supplementary guidance for contracting authorities. DPS Denmark rules apply to all contracting authorities covered by the Udbudsloven, state bodies, municipalities, regions and bodies governed by public law.

A DPS is typically the right choice when:

  • Purchases are recurring. The goods or services are commonly available and bought frequently (e.g., IT equipment, office supplies, consultancy hours, cleaning services).
  • Specifications are standardised. Requirements can be clearly described without extensive bespoke negotiation.
  • Market openness matters. The authority wants to allow new entrants, including foreign suppliers who wish to register as a supplier, to join at any time, promoting competition.
  • Volume is uncertain. The total procurement value is difficult to fix in advance, making a closed framework less practical.

Unlike a framework agreement, which locks in a finite group of suppliers after an initial selection stage, a DPS must remain open to new admissions throughout its duration. Industry observers expect this feature to make DPS increasingly attractive to Danish municipalities seeking to maximise competition and value for money under the 2026 procurement landscape.

Eligibility and DPS Requirements

Before launching the dynamic purchasing system process in Denmark, a contracting authority must confirm it meets several prerequisites. The DPS requirements are both legal and operational.

Legal eligibility. Any contracting authority within the scope of the Udbudsloven may establish a DPS. This includes central government ministries, municipalities (kommuner), regions and entities classified as bodies governed by public law. The subject matter must consist of commonly used purchases whose characteristics, as generally available on the market, meet the needs of the contracting authority, a test set out in the Directive and reflected in the Udbudsloven.

Threshold check. A DPS that equals or exceeds the applicable EU procurement thresholds must be advertised in the Official Journal of the EU via TED. From 1 January 2026, updated threshold values apply as published in the Official Journal. Contracting authorities should verify the current figure for supplies and services (and, separately, for works) against the latest Commission Delegated Regulation.

IT platform requirement. The entire DPS, publication, admission, call‑offs and contract award, must be conducted electronically. The authority needs a compliant e‑procurement platform capable of open enrolment, secure document exchange, audit logging and automated notifications.

A practical readiness checklist before proceeding:

  • Internal budget approval and procurement plan sign‑off.
  • Legal review confirming DPS is the appropriate procedure (not a restricted procedure or framework).
  • Signed contract with an e‑procurement platform provider.
  • Defined CPV (Common Procurement Vocabulary) codes and lot structure.
  • Designated procurement lead and evaluation panel members.

Step‑by‑Step Procedure for Setting Up a DPS in Denmark

The following numbered steps walk a contracting authority through the dynamic purchasing system process in Denmark from initial planning to ongoing management. Each step identifies who is responsible and the key deliverables.

Step 1, Plan and scope the DPS

The procurement lead, supported by legal counsel, defines the scope of the DPS. Core tasks include:

  • Identify the categories of goods, services or works to be procured and assign the correct CPV codes.
  • Decide whether to divide the DPS into lots (e.g., by product category or geographic region).
  • Estimate the aggregate contract value using the rules in the Udbudsloven (total expected spend over the system’s lifetime, including all call‑offs).
  • Choose the call‑off method: open invitation to all admitted suppliers or mini‑competition among a shortlist.
  • Select the evaluation model for call‑offs, lowest price, best price‑quality ratio (MEAT) or lowest cost using a life‑cycle costing approach.
  • Determine whether an electronic catalogue will be required from suppliers.

Step 2, Draft qualification and selection criteria

The contracting authority must define transparent, proportionate criteria that suppliers must satisfy to be admitted. Under the Udbudsloven, these include:

  • Mandatory exclusion grounds, criminal convictions (fraud, corruption, money laundering, terrorism), failure to pay taxes or social security contributions, and insolvency situations.
  • Discretionary exclusion grounds, where the authority can exclude suppliers for professional misconduct, prior poor performance or conflict of interest, subject to proportionality.
  • Selection criteria, economic and financial standing (e.g., minimum annual turnover, professional risk indemnity insurance) and technical or professional ability (e.g., relevant references, certifications, staff qualifications).

Suppliers demonstrate compliance by submitting the European Single Procurement Document (ESPD), or its Danish‑language equivalent available via the national e‑procurement platform, as a preliminary self‑declaration. Supporting evidence (annual accounts, insurance certificates, criminal record extracts) is verified before final admission or at least before a specific contract is awarded.

Step 3, Prepare tender documents and configure the IT platform

Before publication, the contracting authority prepares the full DPS document package:

  • DPS Regulations, the master document setting out scope, admission criteria, call‑off rules, evaluation methodology and duration.
  • Admission application form, electronic template for suppliers to submit entity details, exclusion declarations and selection evidence.
  • Template contract terms, standard conditions applicable to every call‑off contract.
  • Scoring templates, evaluation matrices with published weightings for mini‑competitions.

The e‑procurement platform must be configured to support open enrolment (new suppliers can apply at any time), secure electronic signatures, version control and a comprehensive audit log. The platform should also generate the structured XML data required to publish a DPS notice on TED.

Step 4, Publish the DPS notice on TED and national portals

Contracting authorities must publish a Contract Notice (or DPS‑specific notice) indicating that a dynamic purchasing system is being set up. For above‑threshold DPS, the notice must be published on TED (Tenders Electronic Daily) using the applicable standard forms. The notice is also published on the Danish national e‑procurement portal.

Key fields in the notice include:

  • A clear statement that the procedure is a DPS.
  • The CPV codes and description of categories covered.
  • Estimated total value (or value range) over the lifetime of the system.
  • Duration of the DPS.
  • Admission criteria and a link to the full tender documents on the e‑procurement platform.
  • The minimum time limit for suppliers to submit admission requests, contracting authorities should apply the time limits specified in the Udbudsloven and any 2026 amendments (see the timeline section below).

The notice must remain accessible and the system open to new applicants for the full duration of the DPS.

Step 5, Admit suppliers on a rolling basis

Once published, the DPS is open for supplier applications. Contracting authorities must process each admission request promptly. Under the Udbudsloven, the authority must evaluate whether the applicant meets the published qualification criteria and communicate the admission decision within the time limits specified by the Act. Admitted suppliers are added to the DPS and become eligible for future call‑offs. Rejected applicants must receive a reasoned decision.

Critically, suppliers can join the DPS at any point during its lifetime, this continuous open enrolment is a defining feature that distinguishes a DPS from a framework agreement. Authorities should build internal workflows and, where possible, automated eligibility checks to handle admission applications efficiently.

Step 6, Run call‑offs and award specific contracts

To award an individual contract, the contracting authority invites all admitted suppliers in the relevant category (or lot) to submit tenders for the specific requirement. The call‑off operates as a simplified mini‑competition:

  • Circulate the call‑off specification and any additional award criteria to all admitted suppliers.
  • Set a reasonable deadline for tender submission, proportionate to the complexity of the contract.
  • Evaluate responses using the pre‑published scoring methodology (e.g., MEAT weightings).
  • Observe the standstill period where applicable before signing the contract.
  • Publish a Contract Award Notice on TED for above‑threshold awards.

For very low‑value or routine purchases where the DPS regulations permit, some authorities use a direct call‑off to a single supplier based on pre‑agreed catalogue prices, though this must be expressly provided for in the DPS documentation and must comply with the rules in the Udbudsloven.

Step 7, Manage the DPS, audit records and handle complaints

Throughout the life of the DPS, the contract manager must:

  • Monitor supplier performance and manage any updates (e.g., changes to supplier details, financial standing or insurance).
  • Maintain a complete archive of all call‑offs, evaluations, award decisions and contract records on the e‑procurement platform.
  • Respond to complaints, any supplier can challenge an admission decision or a call‑off award before the Klagenævnet for Udbud (Danish Complaints Board for Public Procurement). The authority should have an internal escalation procedure that routes legal complaints to specialist procurement counsel within defined timeframes.
  • Retain records for the period required under the Udbudsloven and Danish archiving rules.

Timeline and responsibility summary for the DPS process

Step Who does it Typical duration
Plan and scope the DPS Procurement lead + legal counsel 2–4 weeks
Draft qualification and selection criteria Procurement + legal 2–3 weeks
Prepare tender documents and configure IT platform Procurement + IT / platform vendor + legal 3–6 weeks
Publish notice (national portal / TED) Procurement admin Publication day; response window per statutory minimum timelines
Admission processing (rolling) Procurement admin / evaluation team 5–15 working days per application
Run call‑offs / mini‑competitions Contract manager + evaluation panel 4–12 weeks per call‑off
Ongoing management and complaints Contract manager + legal Ongoing; complaint response per Klagenævnet rules

Documents Needed for a DPS in Denmark

A complete DPS document package serves two audiences: the contracting authority’s internal teams and the suppliers seeking admission. The table below lists the documents needed for a DPS, who produces them and key format notes.

Document Notes
DPS Regulations / Contract Notice text Issued by the contracting authority. Published on the e‑procurement portal and TED. Includes CPV codes, lot structure, call‑off rules, duration and evaluation methodology.
Admission application form Submitted electronically by each supplier. Captures legal entity details, exclusion declarations, ESPD self‑declaration and selection evidence.
Exclusion and selection evidence Supplier‑provided: legal entity extract, financial statements (typically last two years), professional risk indemnity insurance certificate, relevant certifications. Acceptable formats: PDF, digitally signed documents.
Template contract terms for call‑offs Issued by the contracting authority. Standard terms and conditions that apply to every call‑off contract awarded under the DPS.
Technical specification / catalogue template Issued by the contracting authority for catalogue‑style DPS setups. Specifies units, pricing format, service levels or product descriptions.
Award / call‑off evaluation matrix Prepared by the procurement team. Contains scoring criteria, sub‑criteria weightings and the MEAT methodology to be applied in mini‑competitions.
Notice publication record Procurement admin’s internal record confirming TED and national portal publication dates, reference numbers and notice content (printable log entry).
Record of each admission decision Contracting authority archive: timestamped electronic record showing criteria assessed, outcome and any reasons for rejection.
Audit log / versioned contract records System‑generated logs from the e‑procurement platform. Essential evidence if a complaint is filed with the Klagenævnet for Udbud.

Contracting authorities should compile a master document register at the outset and assign version‑control responsibilities. All documents needed for the DPS must be available electronically and free of charge to potential applicants via the platform, as required by the Udbudsloven.

Timeline for DPS Denmark 2026, Key Deadlines

The total time from initial planning to the first call‑off award varies depending on the complexity of the procurement, but a typical municipal DPS in Denmark can be operational within approximately 8 to 12 weeks, excluding ongoing admission processing. The timeline for DPS Denmark 2026 must account for statutory minimum periods set out in the Udbudsloven and any amendments implementing updated EU rules.

Key timeline benchmarks:

Phase Indicative duration Regulatory note
Planning and legal sign‑off 2–4 weeks Internal process; no statutory minimum
Drafting documents and platform configuration 3–6 weeks Internal process; ensure documents meet Udbudsloven requirements
Minimum time limit for initial admission requests after notice publication 30 days (from date of notice dispatch) Required by the Udbudsloven (transposing EU Directive 2014/24/EU, Article 34); verify any 2026 amendments via Retsinformation
Admission decision (each application) Within 10 working days of receipt (indicative statutory target) The Udbudsloven requires decisions to be made promptly; contracting authorities should aim for 10 working days, extending to 15 in exceptional cases
Call‑off tender period Minimum 10 days (proportionate to complexity) Must allow sufficient time for suppliers to prepare tenders; no single fixed minimum for all call‑offs but the period must be reasonable
Standstill period (before contract signature) 10 calendar days (electronic notification) / 15 calendar days (other means) Applies to above‑threshold call‑off awards; mandated by the Udbudsloven
First call‑off award (from system go‑live) 4–12 weeks Depends on procurement complexity and number of suppliers

Contracting authorities should cross‑check all minimum periods against the current text of the Udbudsloven and any amending statutory instruments published in 2026. Updated EU procurement thresholds took effect on 1 January 2026 under a Commission Delegated Regulation published in the Official Journal of the EU; authorities must verify whether their DPS falls above or below the revised thresholds, as this determines whether TED publication is mandatory.

Costs, Fees and Tax Considerations

Setting up and running a DPS in Denmark involves several cost categories. Publication on TED is free for contracting authorities; other costs depend on the scale and complexity of the system.

Item Estimated amount Notes
E‑procurement platform annual licence €2,000–€50,000+ per year Wide range depending on provider, number of users, integrations and support level; obtain competitive quotes
Legal drafting and review €1,500–€10,000 (one‑off) Drafting DPS regulations, call‑off templates, evaluation rules; complexity‑dependent
Evaluation panel administration Internal staff time Budget as staff hours; consider external technical experts for specialist scoring
TED / national portal publication fees Nil for contracting authority TED publication is free; some platform vendors may charge a nominal posting fee
Supplier onboarding and support Internal staff time Preparing guidance materials, handling supplier queries, running help sessions

All amounts above are indicative planning estimates. VAT treatment follows standard Danish rules: platform licence fees and professional services fees are typically subject to 25 % Danish VAT (moms) unless an exemption applies. Contracting authorities should factor these costs into their procurement budget and cost‑centre allocation at the planning stage.

What Changes in 2026, DPS Denmark Regulatory Updates

Two principal changes affect how contracting authorities set up a DPS in Denmark in 2026:

  • Updated EU procurement thresholds (effective 1 January 2026). The European Commission periodically revises the monetary thresholds above which EU procurement directives apply. The updated thresholds, published via a Commission Delegated Regulation in the Official Journal of the EU, determine whether a DPS must be advertised on TED. Contracting authorities must verify the current figures and update their DPS documentation accordingly.
  • Procedural timeline refinements. Ongoing EU procurement reform discussions, documented in the European Parliament’s 2026 briefing on public procurement modernisation, have examined adjustments to minimum timelines for notice periods and admission windows. Contracting authorities should monitor the KFST website and Retsinformation for any amending statutory instruments that alter the minimum days for supplier responses or admission processing under the Udbudsloven.

The likely practical effect of these changes is that procurement officers will need to:

  • Update threshold references in all active DPS Regulations and Contract Notice templates.
  • Review and, where necessary, extend minimum response periods in call‑off documentation.
  • Verify TED publication flags, a DPS that previously fell below threshold may now require TED publication if the threshold has been lowered, or vice versa.
  • Communicate any changes to admitted suppliers via the e‑procurement platform.

Contracting authorities with DPS systems already in operation should conduct a compliance review against the 2026 rules and document the results.

Common Pitfalls When Setting Up a DPS in Denmark and How to Avoid Them

  • Overly restrictive selection criteria. Setting disproportionately high turnover or experience thresholds limits the supplier base and can be challenged before the Klagenævnet for Udbud. Keep criteria proportionate to the actual requirements of the goods or services being procured.
  • Failing to keep the system genuinely open. A DPS must accept new applications at all times. If the platform is configured to block new applications after the initial admission window, the authority is in breach of the Udbudsloven.
  • Incomplete or missing publication fields. Omitting required TED notice fields, such as estimated value, duration or CPV codes, can render the notice non‑compliant and expose the authority to complaint risk.
  • Slow admission processing. Delayed decisions on supplier applications undermine competition and may breach the statutory requirement to process applications promptly. Build internal service‑level targets of 10 working days.
  • Inadequate audit trails. Platform logs must record every action, document uploads, admission decisions, call‑off invitations, evaluations and award notices. Without a complete audit log, the authority cannot defend its decisions before the Klagenævnet for Udbud.
  • Extending or modifying the DPS without proper notice. Any material change to the scope, duration or DPS evaluation criteria requires publication of a new or amending notice. Attempting to informally extend a DPS risks annulment of contracts awarded after the original expiry date.
  • Ignoring standstill obligations on call‑offs. The standstill period applies to above‑threshold call‑off awards. Signing a contract before the standstill expires is a ground for ineffectiveness.

A pre‑publication legal checklist, covering notice completeness, criteria proportionality, platform configuration and record‑retention settings, significantly reduces the risk of a successful challenge. Contracting authorities are advised to retain all DPS records for at least three years after the final call‑off contract ends, and to seek specialist procurement counsel at the first sign of a formal complaint.

Conclusion

Setting up a Dynamic Purchasing System in Denmark requires careful planning, precise documentation and strict compliance with the Udbudsloven and applicable EU Directives. By following the step‑by‑step procedure outlined above, from scoping and qualification through publication, admission and call‑off management, contracting authorities can establish a DPS that is legally robust, genuinely open to competition and aligned with 2026 regulatory requirements. The process is well within reach for any municipal or central‑government procurement team that invests in proper legal review, configures a compliant e‑procurement platform and builds internal workflows for timely supplier admission.

Authorities operating in Denmark’s evolving procurement environment, including those navigating regulatory changes in areas such as property acquisition or technology regulation, should treat DPS compliance as an ongoing obligation, not a one‑off setup task.

Need Legal Advice?

This article was produced by Global Law Experts. For specialist advice on this topic, contact Anja Piening at NP advokater, a member of the Global Law Experts network.

Sources

  1. Retsinformation (Denmark), Danish Public Procurement Act (Udbudsloven)
  2. Konkurrence‑ og Forbrugerstyrelsen (Danish Competition and Consumer Authority)
  3. Klagenævnet for Udbud (Danish Complaints Board for Public Procurement)
  4. TED, Tenders Electronic Daily (EU)
  5. Publications Office of the EU
  6. EUR‑Lex, Official Journal of the EU / Public Procurement Directives

FAQs

How do contracting authorities publish and notify a DPS in Denmark?
The contracting authority publishes a Contract Notice on the Danish national e‑procurement portal and, for above‑threshold DPS, on TED (Tenders Electronic Daily). The notice must state that the procedure is a DPS, include CPV codes, estimated value, duration and admission criteria, and provide a link to the full tender documents. The notice remains live for the entire duration of the system.
The authority must prepare DPS Regulations, an admission application form, template call‑off contract terms, technical specifications and an evaluation matrix. Qualification criteria include mandatory and discretionary exclusion grounds plus selection criteria (financial standing and technical ability). Suppliers submit the ESPD as a preliminary self‑declaration, with supporting evidence verified at admission or before contract award. See the full documents checklist above.
A typical municipal DPS in Denmark can go live within 8 to 12 weeks from initial planning, excluding ongoing admission processing. The statutory minimum time limit for the initial admission period is 30 days from the date the notice is dispatched. Admission decisions should be communicated within 10 working days. The standstill period before contract signature is 10 calendar days when notification is electronic. All minimum periods should be checked against the current Udbudsloven text.
Yes. Continuous open enrolment is a fundamental feature of a DPS. The contracting authority must accept and process new admission applications throughout the lifetime of the system. Once admitted, a supplier is eligible for all future call‑offs in the relevant category. The authority cannot close the DPS to new entrants at any point.
The Udbudsloven does not impose a fixed maximum duration for a DPS, unlike the four‑year general limit on framework agreements. However, the duration must be stated in the Contract Notice and must be justified. If the authority wishes to extend the DPS beyond its stated duration or materially change its scope, it must publish a new or amending notice. Early indications suggest that the Klagenævnet for Udbud will scrutinise informal extensions that bypass proper publication requirements.
A rejected supplier may file a complaint with the Klagenævnet for Udbud. The authority should ensure every rejection decision is clearly reasoned and documented with a timestamped record on the e‑procurement platform. On receipt of a complaint, the authority should immediately involve specialist procurement legal counsel, preserve all audit logs and prepare a written response within the Klagenævnet’s procedural deadlines. Maintaining a robust audit trail from the outset is the single most effective defence.
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How to Set Up a Dynamic Purchasing System (DPS) in Denmark, Step‑by‑step (2026 Update)

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