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.
- 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.