Közbeszerzési Hatóság

96. §

96. §

1. The innovation partnership agreement or, where the contracting authority intends to establish the partnership with several tenderers, agreements shall be subject to the rules on negotiated procedures, with the differences stipulated in this Article.

2. In the procurement documents, in compliance with Article 95(1), the contracting authority shall identify the need for an innovative product, service or works that cannot be met by purchasing products, services or works already available on the market. The procedure may not be launched in a prior information notice and the choice of this type of procedure shall be justified by the contracting authority on the grounds of the novelty (innovative nature) of the subject-matter of the procurement. The contract terms included in the procurement documents shall define in detail the arrangements applicable to intellectual property rights. In the case of public works, it is not necessary to provide economic operators with an unpriced budget or to submit a priced budget in the tender.

3.  The time limit for participation may not be shorter than thirty days from the date of dispatch of the invitation to participate and the possibilities for the reduction of time limits in negotiated procedures are unavailable.

4. The contract shall be awarded on the sole basis of the award criteria for the best price-quality ratio.

5. In the tendering stage of the procedure, Article 75(1) shall not apply. The contracting authority may not exercise the option under Article 87(6).

6. In case of a limitation of the number of candidates to be invited to tender, the contracting authority in the selection of candidates shall in particular apply criteria concerning the candidates’ capacity in the field of research and development and of developing and implementing innovative solutions.

7. The tenders shall include a description of research and development projects aimed at satisfying the needs which may not be met using the existing solutions  defined by the contracting authority. The contracting authority shall determine the remuneration components to be paid to tenderers to which the price shall be given and he shall determine how the price shall be broken down in the tender, furthermore, the contracting authority shall include in the award criteria the predetermined maximum price of the supplies, services or works to be produced as a result of the development.

8. At the end of the procedural stage, the contracting authority shall have the right to conclude partnership agreements with several tenderers. The notice specified in Article 37(1)(h) shall be published concerning the conclusion of the partnership agreement.