Közbeszerzési Hatóság

97. §

97. §

1. The partnership agreement shall provide for the organisation of the research and innovation process which shall be structured in successive phases and which may include the manufacturing of the products, the provision of the services or the completion of the works. The innovation partnership shall set intermediate targets to be attained by the partner and provide for payment of the remuneration related thereto.

2. The contracting authority may decide after each phase to terminate the innovation partnership or to reduce the number of partners by terminating individual contracts, provided that the contracting authority has indicated in the procurement documents those possibilities and the conditions for their use. The objective criteria to be applied in reducing the number of partners, the number of economic operators from which the contracting authority intends to purchase the supplies, services or works at the end of the process and, where the number of partners was not reduced accordingly in the development process, the objective criteria to be applied by the contracting authority in order to decide from which partner he intends to purchase the supplies, services or works shall be clearly stated in the partnership agreement.

3. In the case of innovation partnerships established with several partners, contracting authorities shall not reveal to the other partners any information communicated by a partner without his consent. Such consent shall be given with reference to the intended communication of specific information.

4. The contracting authority shall ensure that the structure of the partnership, the duration and value of the different phases reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of the solution. The value of supplies, services or works created in the development process shall not be disproportionate in relation to the investment required for their development.