Part 3: Award of public contracts and procedures Awarding contracts by reference to dynamic markets Section 38: Dynamic markets: fees
Section 38 provides that fees may be charged to suppliers on a dynamic market provided they are set out in the documents establishing the dynamic market. This applies to dynamic markets and utilities dynamic markets, although the basis of charging is different for each, as set out in the section.
	Subsection (1) provides that fees can only be charged under a dynamic market (other than a utilities dynamic market) to suppliers that are awarded a contract under the dynamic market.
	Subsection (2) provides that fees charged to suppliers under subsection (1) can only be a fixed percentage of the estimated value of the contract awarded to the supplier under the dynamic market.
	Subsection (3) provides that fees can only be charged to suppliers under a utilities dynamic market where they are connected to obtaining and maintaining membership of the market.