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Workshop on the legal framework of
Innovation Procurement in Europe
Act No. 137/2006 Sb., on public procurement, as amended (the “PPA”)
does NOT apply if the test for exemption from the PPA has been met
the subject matter mainly entails research and development activities
the price is NOT funded solely by the contracting authority – condition of subsidy, grant
the results of research will be made available to others (not only the contracting authority)
Act No. 130/2002 Sb., concerning the support of research, experimental
development and innovation with public funds, and amending certain related
laws (the “RSA”)
applies if the test for exemption from the PPA has been met
public contracts in research, experimental development and innovation
beneficiary of the results – governmental authority
provider - a subdivision of the state or self-governing territorial unit who has the authority to
decide on the grant of support to research, experimental development and innovation from
public funds, and who grants such support
application of the PPA in cases where the RSA refers to the PPA
Situation of R&D Procurement and Procurement of
Innovative Solutions in the Czech Republic
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only applies to projects implemented within a research, experimental
development and innovation programme approved by the Government
may also be awarded to beneficiaries without legal personality
support awarded in the form of a subsidy under an agreement (decision) on the
grant of support
the time period for the grant of support is specified in the agreement/decision on
the grant of support
use of support – strictly for eligible costs; the beneficiary is obliged to keep a
record of costs/expenses
Main differences as opposed to the PPA
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insufficient awareness on the part of procurers regarding the methods and
opportunities of awarding public contracts and alternative solutions for
implementing projects in the area of research and innovation
rigid legal framework for public procurement
strict interpretation of the PPA by the regulator (the Office for the Protection of
Competition) = limit for innovative and specific methods of procurement typical
(inevitable) for innovation procurements
Potential issues that may hamper the implementation of
R&D Procurements and Procurements of Innovative
Solutions in Czech Republic
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Now at the Chamber of Deputies
Chamber print no. 637, follow the LINK
1st reading – took place on 25 November 2015 and 26 November 2015, Public Administration Committee
Related amendment laws – print no. 638, follow the LINK
Senate – January - February 2016 or later
Previously: inter-departmental comment procedure and the Legislative Council of the Government (deliberation on 17 September)
Approximately 60 discrepancies, some 5 topics in “Alternatives”
eKlep: 11810/2015-LRV
In effect as of 18 April 2016 ? (within transposition period)
NEW PUBLIC PROCUREMENT ACT – Current status and
anticipated timeline
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Exemption from applicability of the Act
all procurements in research and development x cannot apply to services listed in Annex 2, whose cost is paid solely by the contracting authority and whose results are used by the contracting authority solely in their activities
Innovation partnership
a new form of procurement that can be used in research and development
purpose: intensification of cooperation between public and private entities in the area of research and development of innovative solutions
development of an innovative product or service or construction work, with a subsequent purchase of the resulting supplies, services or construction works
suitable for long-term partnership, projects with large R&D costs, development of a specific product requested by the procurer, which is not available in the market, research institutions looking for specific innovative solutions…
stimulation of the market, and development of products requested by procurers, greater and more effective involvement of the private sector, simpler procurement procedures concerning innovation
two stages:
1. development stage (PCP)
2. production stage (PPI)
The new Public Procurement Act and Innovation
Procurement
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Participation in the European Innovation Partnership (EIP)
for example, European Innovation Partnership on Active and Healthy Ageing (EIP AHA)
implemented in the Czech Republic via the Czech National eHealth Centre (NTMC) and a
NTMC reference site
Programme TRIO
a Government-approved programme of applied research and development
support of applied research and experimental development in the area of Key Enabling
Technologies (KETs) in the Czech Republic
allocation of CZK 3.7 billion (EUR 138 mil.)
implementation period: 2016 – 2021 – can innovation partnership be used?
Example of Innovation Procurement in the Czech Republic
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Programme of research, experimental development and innovation procurement for
purposes of state administration “BETA”
implementation since 2011
provided by the Technology Agency of the Czech Republic
efforts towards implementing PCP projects as part of exemption from the PPA
First public tender by the PCP method in the Czech Republic – “Solution for the research
needs of the Czech Ministry of the Interior”
the aim to create freely available software for description of archives, intended for all archives
and other “memory” institutions in the Czech Republic
the public tender is handled by means of a framework agreement with a large number of
future suppliers, who can participate over the next 30 months in looking for the best software
solution
the anticipated value is CZK 7.2 million
stages of implementation of the framework agreement: 1) exploration of solutions,
2) Development of prototypes, 3) Testing, 4) Completion of the solution
mini-tenders organised at individual stages
Example of Innovation Procurement in the Czech Republic
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Public tender “Comparative criteria for classification of exclusive mineral deposits in the
Czech Republic ensuring compatibility with internationally recognised PERC and JORC
standards”
Within Programme „BETA“
public procurement under the PPA and RSA
the subject matter of the research, development and innovation procurement is to obtain a
proposal for solution of the project as an offer of services in applied research, experimental
development and innovation
evaluation of the quality of the submitted proposal of solution in light of the evaluation criteria
selection of the most suitable tenderer for the purpose of performance of the public contract
via implementation of the research, development and innovation project
Current example of Innovation Procurement in the Czech Republic
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by increasing the awareness on the part of procurers regarding procurement in the area of
research and innovation:
by drafting a uniform methodological document for innovation procurement
guaranteed by the authority responsible for supervision over public procurement, or
governmental authorities
methodology for innovation procurement and other innovation projects with a special
emphasis on the limits posed by legislation, risks and specificities of innovation projects
by continuously increasing the state’s expenditures in support of science and research
by simplifying the support of research and development
- support of institutions based on their results
- streamlining administration of budgetary resources
by making the support of science and research conditional on collaboration of public
research with users of the results of science and research, based on pro-rata co-financing
from public and private sources
What in your opinion would motivate procurers to launch
more Innovation Procurements in your countries. How
Innovation Procurement could be mainstreamed.
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Processing industry
especially hi-tech processing industry – engineering and automotive industry
PPP for the development of new technologies in the engineering, construction
and automotive sector – within Horizon 2020
ICT services, biotechnology, nanotechnology
growing tendency
Agriculture
research and innovation relating to food safety, organic farming, and sustainable
farming and food industry
Domains of interest of Innovation Procurement in the
Czech Republic
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12 © 2015 Autorská práva vyhrazena
Thank you for your attention!
JUDr. Petr Kadlec
