PUBLIC PROCUREMENT AS A DRIVER OF INNOVATION: WHAT IS PRE-COMMERCIAL PROCUREMENT AND PROCUREMENT OF INNOVATIVE SOLUTIONS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
In the context of the urgent need to use public procurement as a tool to stimulate innovations in Ukraine the present article deals with the relations between the following notions: innovative procurement, pre-commercial procurement and procurement of innovative solutions. The author gives special consideration to the EU practice concerning the peculiarities of the legal regulation of public procurement aimed at innovations. The paper provides concluding remarks as well as some suggestions for the future. Given the need of rapid innovation development in Ukraine as well as the potential active participation of Ukraine in the EU program «Horizon 2020» the author suggests to adopt the EU approach of differentiation between pre-commercial procurement and procurement of innovative solutions as a basis for the eligibility of procurement actions for EU co-financing. According to the scientific literature and laws of foreign countries pre-commercial procurement is the procurement of research and development (R&D) of new innovative solutions before they are commercially available. Public procurement of innovative solutions is procurement where contracting authorities act as a launch customer for innovative goods or services which are not yet available on large scale commercial basis. The wording «innovative procurement» refers to innovative approaches in procurement procedures. The main peculiarity in the legal regulation of procurement of innovations in the EU is that in contrast with the procurement of innovative solutions pre-commercial public procurement falls under an exception to the EU Directives on public procurement as well as the WTO public procurement agreement.
Authors and Affiliations
В. К. Малолітнева
Keywords
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