A clear view on legal issues
In cases where no solutions exist yet on the market, innovative procurement enables public purchasers to get technologically innovative solutions developed according to their specific needs. Such an approach contributes to achieving best value for money as well as wider economic, environmental and societal benefits in terms of generating new ideas, translating them into innovative products and services and thus promoting sustainable growth.
Innovative procurement entails innovative approaches in both practices and procedures. It includes, inter alia, the conduct of market consultations, the inclusion of social and environmental considerations in the tender specifications, the use of life-cycle costing approach, the accepance of variants or the use of MEAT award criteria.
In terms of specific procedures aimed at increasing the pull of innovative solutions on the market, the innovation partnership and the competitive procedure with negotiation seem to be of particular relevance for public purchasers envisaging the purchase of innovative products. In addition to the procurement procedures covered by the European directives, Pre-commercial Procurement is also a strong instrument to ensure the pulling of innovative solutions on the market and increase competitiveness. Whereas still underutilized, its advantages are undeniable and the uptake thereof is to be expected at a large scale.
For more information, please visit http://ec.europa.eu/digital-agenda/en/public-procurement-innovative-solutions and http://ec.europa.eu/enterprise/policies/innovation/policy/public-procurement/index_en.htm.
The Corvers team is highly experienced in assisting contracting authorities with the implementation of innovative procurement strategies. Our advice covers the full range of legal services required throughout all the stages of the project cycle (before, during and after procurement), including the structuring of the procurement strategy and methodology and the conduct of market consultations, the structuring of the tender process, the design of the tender specifications and the drafting of the procurement contract and also during project execution and implementation.
We are often part of the strategic boards, tender boards, as well as of the project monitoring boards. Based on our extensive expertise gained during the conduct of project for the policy makers in Brussels, we also assist clients with the drafting and implementation of innovative procurement policies, tailored to their specific needs and fully in line with applicable legal frameworks and related European policy documents.