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
Comply with the rules and procedures for the selection of suppliers, as set out in the procurement documents, ensuring all suppliers are treated equally. In selecting candidates, a contracting authority must apply criteria concerning the suppliers’ capacity in the field of research and development and in developing and implementing innovative solutions.
Key considerations at this commercial stage
Contracting authorities should:
- in selecting candidates, apply criteria concerning the suppliers’ capacity in the field of research and development and in developing and implementing innovative solutions
- invite only those suppliers to participate in the procurement that have sufficiently met the selection criteria
- invite at least three suppliers to tender, provided at least three suppliers meet the selection criteria and the minimum levels of ability as referred to in regulation 58(19) PCR 2015 (selection criteria).
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
