Article R2172-21 of the French Public procurement code
November 8, 2023
The decision referred to in article R. 2172-20 is indicated in the contract notice or in another consultation document.
The decision referred to in article R. 2172-20 is indicated in the contract notice or in another consultation document.
In the consultation documents, the purchaser defines the need for innovative products, services or works. It shall indicate the elements of this definition which lay down the minimum requirements to be met by all tenders. The information provided shall be sufficiently precise to enable economic operators to determine the nature and scope of the solution required and to decide whether or not to apply to take part in the procedure.
The innovation partnership comprises one or more successive phases that follow the progress of the research and development process and one or more phases of acquisition of the products, services or work that are the result.The structure, duration and value of the different phases of the innovation partnership take into account the degree of innovation of the proposed solution, and the duration and cost of the research and innovation activities…
The innovation partnership defines the objectives for each phase that the partner must achieve, as well as the remuneration associated with each phase.
The distribution of intellectual property rights, particularly with regard to the results of the research and development phases, is provided for in the innovation partnership.
Innovation partnerships with a value equal to or greater than the thresholds for the formalised procedure shall be awarded in accordance with the procedure with negotiation, subject to the provisions of this sub-section.
A prior information notice or a periodic indicative notice may not be used in place of the contract notice.
The minimum time limit for receipt of applications provided for in article R. 2161-12 may not be reduced. The selection of applications shall take particular account of the applicants’ capacity in the field of research and development and in the development and implementation of innovative solutions.
Without prejudice to the application of the provisions of articles R. 2151-1 to R. 2151-5, the minimum time limit for receipt of initial tenders is freely set by the purchaser.
The purchaser may not award the innovation partnership on the basis of the initial tenders without negotiation. It shall negotiate the initial tenders and all subsequent tenders with a view to improving their content, with the exception of the final tenders. The award criteria and minimum requirements are not subject to negotiation.Negotiation may take place in successive phases at the end of which certain tenderers are eliminated by application of…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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