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This book aims to advance the understanding of pre-commercial procurement (PCP) as innovation policy instrument and as means to fulfil public needs. To this end, it places PCP within its political and legal context and elucidates its origins and its economic rationale. Based on this analysis, it suggests a clear conceptualization of PCP and a clear delineation from other innovation policy instruments. Subsequently, the book assesses the value and achievements of the more established type of PCP policy programmes, and draws lessons for improvement. In this context, it raises awareness of the remaining obstacles to its wide and effective implementation and suggests appropriate solutions ranging from policy guidance to law interpretation and legislative reform. The text makes use of illustrative practical examples of policy-making and project implementation in various public programmes of R&D procurement. This is a highly relevant book for academics and practitioners in the field of public procurement. Ramona Apostol is Senior Procurement Adviser at Corvers Procurement Services B.V. in the Netherlands. She holds a Ph.D. in Law from Leiden University, the Netherlands. She has been involved in a wide range of procurement projects related to the implementation of R&D and innovation procurement and regularly acts as independent expert for the European Commission on this topic.
This insightful book provides readers with a practical and theoretical explanation of the ways in which the new, tailor-made Innovation Partnership Procedure can be used throughout all Member States in the European Union. With a focus on the Procurement Directive for the public sector (Directive 2014/24/EU), Pedro Cerqueira Gomes argues that innovation is a crucial policy of the EU that must be extended to public procurement – implying interesting harmonisation challenges, mostly regarding the use of the Innovation Partnership Procedure and the national administrative law traditions of the Member States.
This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.
This open access book builds on the European Union’s (EU) Horizon 2020 project ‘Financial and Institutional Reforms for an Entrepreneurial Society’ (FIRES). The authors outline how Europe can move towards more inclusive, innovative and sustainable growth through reforms that will rekindle its entrepreneurial spirit. Based on decades of research and countless discussions with stakeholders, the book also features the FIRES project’s full list of policy interventions and institutional reforms that can help policymakers make that agenda a reality.
In 2006, the European Commission introduced the concept of 'pre-commercial procurement' (PCP) as an instrument to promote innovation and to mitigate grand challenges. One of the main motives for the support of PCP schemes was to use public needs as a driver for innovation. This concept was also introduced as a response to the need to reinforce the innovation capabilities of the European Union while improving the quality and efficiency of public services. But what is meant by PCP? Is it a demand- or a supply-side instrument in relation to innovation? This is the research question addressed in this paper, the goal being motivated by the lack of academic discussion in this direction. The paper is based on three cases, one from the Netherlands, one from the United Kingdom and one from Australia. These cases provide evidence that PCP is a matter of research and development (R&D) funding of a targeted kind, geared toward very specific goals and in a focused way. This leads the authors to conclude that PCP is a supply-side policy instrument in relation to innovation. In this sense, they would like to raise a flag for going back to the origins of the PCP program and calling it a 'precompetitive R&D program', rather than labeling it as an innovation procurement instrument.
This topical book offers an in-depth analysis of the recent implementation of the Public Procurement Directive, based on the experiences of 12 Member States including France, Germany, Italy, Poland, Spain and the United Kingdom. The contributions from first-class public procurement law experts offer an informed and comparative analysis of the recent implementation of the Public Procurement Directive, as well as focussing on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable. Vitally, the chapters also consider national preparatory works as a legal source and their interesting role in the implementation of the Directive including its Preamble. Attention is also given to the implementation of some of the most important novelties in the Directive such as the exclusion grounds, the competitive procedure with negotiation and contract changes. Modernising Public Procurement will be important reading for practitioners and civil servants involved in the implementation of public procurement law. Academics, researchers, politicians, judges and members of complaints boards in the field of public procurement law will also find this book a stimulating read. Contributors include: R. Ågren, P. Bogdanowicz, M. Burgi, R. Caranta, M. Comba, D. Dragos, P. Ferk, K. Härginen, F. Lichère, B. Neamtu, S. Richetto, A. Sanchez Graells, M.A. Simovart, A. Sundstrand, S. Treumer, P. Valcárcel Fernández, D. Wolff
Abstract: We discuss public procurement instruments for acquiring innovation, focusing on the European Pre-commercial Procurement, Procurement of Innovative Solutions and Innovation Partnerships. We analyse in particular how firms' innovation incentives are affected by: (i) economies of scope and externalities between R&D and large-scale production; (ii) the degree of specificity of the innovation; (iii) the presence of Small and Medium Enterprises (SMEs) in the market and the level of market competition; (iv) the risk of market foreclosure and supplier lock-in. Our study contributes to the literature on incentives in demand-side innovation policy by tapping into the contractual design features and by offering relevant implications for academics and policy makers. (107 words).
Space is a matter of strategic importance and in need of concerted action by the European space actors. Distinct approaches to public procurement must not hamper the cooperation between the European Space Agency, the European Union and their respective Member States. The study provides a toolbox for space procurement that addresses specificities of this sector. Each tool is assessed in light of policy objectives, market conditions and the legal frameworks of the European Union and the European Space Agency. A discussion on selected means of policy implementation other than procurement, so-called Extra-Procurement Instruments, complements this toolbox. The Third Way in European space procurement caters for both coherence and flexibility needs and is intended to serve policy-makers as they finally make "Europe in Space" a reality.