iProcureNet Toolbox

A Guide to the Application of CBJP and IP to the Security Sector

When to use PCP

  When an unmet need requires innovation, as there is no available solution on or close to the market yet

  Adequate process to procure R&D services, up to the prototyping stage

   Procurer wants to induce step change in the market

   Intellectual property rights management:

    • CAs leave intellectual property ownership rights with the participating economic operators
    • CAs keep license-free rights to use the research and development results and the right to require the economic operators to give licenses to third parties.
Key features
  • Multi phased procurement where the competition must be kept at the execution phase
  • May include the acquisition of the limited prototypes or test products developed
  • Cannot include the acquisition of larger volumes of resulting end-solutions on a commercial scale
  • It falls under an exemption of the Directives, but must comply with EU Treaty principles
  • Does not constitute state aid as the R&D services are procured at a market price
  • Encourage demand side to meet supply side
  • It is an important tool to stimulate innovation as it enables the public sector to steer the development of new solutions directly towards its needs. PCP is published openly using simple existing procedures: open, restricted or negotiated procedure with publication.

European Commission – Framework for state aid for research and development and innovation

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