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Decision (EU) 2016/245 of the European Central BankShow full title
Decision (EU) 2016/245 of the European Central Bank of 9 February 2016 laying down the rules on procurement (ECB/2016/2) (recast)
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Article 14Innovation partnership
1.The ECB may apply an innovation partnership procedure for the development of innovative products, services or works not available on the market and their subsequent purchase, provided that they comply with the performance level and maximum costs agreed between the ECB and the participants in the partnership.
2.On publication of a contract notice, interested suppliers may apply to participate in the innovation partnership. They shall submit their application within the time limit specified in the contract notice and provide the documentation requested by the ECB.
3.The ECB shall verify the eligibility of candidates and evaluate the applications against the selection criteria set out in the contract notice. The ECB shall invite at least three eligible candidates to participate in the procedure and provide them with a request for a proposal setting out the ECB's needs. The number of candidates invited shall be sufficient to ensure genuine competition. If the number is below the minimum number, the ECB may continue the procedure with all candidates meeting the selection criteria.
4.The ECB may decide to set up an innovation partnership with one partner or with several partners conducting separate research and development activities.
5.The innovation partnership shall be structured in successive phases following the sequence of steps in the research and innovation process, which may include manufacturing of products, provision of services or completion of works. The innovation partnership shall set intermediate targets to be attained by the partners and provide for payment in instalments. If the procurement documents so provide, after each phase the ECB may either terminate the innovation partnership or, in the case of an innovation partnership with several partners, reduce the number of partners by terminating individual contracts.
6.If the procurement documents so provide, negotiations during innovation partnership procedures may take place in successive stages, applying the award criteria specified, in order to reduce the number of tenders to be negotiated. The ECB shall negotiate with tenderers the initial and all subsequent tenders submitted by them, except for the final tender, and changes to the technical specifications shall be communicated to tenderers to allow them to modify and re-submit amended tenders. Minimum requirements and award criteria shall not be subject to negotiations.
7.Article 13(4) shall apply accordingly.
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