Overview
This regulation sets out the rules which apply to innovation partnership procurement procedures.
An innovation partnership procedure must aim at the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the performance levels and maximum costs agreed between the contracting authority and the participating suppliers.
An innovation partnership procedure must be structured in successive phases following the sequence of steps in the research and innovation process.
The regulation requires a contracting authority to negotiate with suppliers on their initial, and all subsequent, tenders submitted by them, except for the final tender, to improve their content.
The contracting authority must ensure that the structure of the partnership and, in particular, the duration and value of the different phases reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of an innovative solution not yet available on the market.
Objective at this commercial stage
In the procurement documents: (a) identify the need for an innovative product, service or works that cannot be met by purchasing products, services or works already available on the market, and; (b) indicate which elements of this description define the minimum requirements to be met by all tenders. This information must be sufficiently precise to enable suppliers to identify the nature and scope of the required solution and decide whether to request to participate in the innovation partnership procedure.
Key considerations at this commercial stage
Contracting authorities should:
- In the procurement documents: (a) identify the need for an innovative product, service or works that cannot be met by purchasing products, services or works already available on the market, and; (b) indicate which elements of this description define the minimum requirements to be met by all tenders. This information must be sufficiently precise to enable suppliers to identify the nature and scope of the required solution and decide whether to request to participate in the innovation partnership procedure
- indicate in the procurement documents whether it intends to apply the award criteria to reduce the number of tenders to be negotiated at each stage
- define arrangements applicable to intellectual property rights in the procurement documents.
Legal framework
See also in the Procurement Act 2023:
- Section 20: Competitive tendering procedures
- Section 54: Time limits
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
