Innovative Procurement in a Belgian context Chris Van der Auwera, Chief of Staff in charge of Public Administration Cabinet Minister Steven Vandeput, BOSA.be Minister of Defence & Civil Service
Innovation according to Belgian procurement law The implementation of: • a new or significantly improved product, service or process, including but not limited to production, building or construction processes, a new marketing method, or a new organisational method in business practices, workplace organisation or external relations inter alia • with the purpose of helping to solve societal challenges or to support the Europe 2020 strategy for smart, sustainable and inclusive growth 2
Procedures for innovative procurement according to Belgian procurement law Innovation PCP: PPI: public precommercial procurement of procurement innovation Classical Innovative procedures procedure 3
Precommercial procurement (PCP) ▪ Art. 32 of the Procurement law of 17.06.2016 ▪ Research and development (R&D) : Procurement law does not apply ▪ What : Limited to R&D o Application of risk-benefit sharing o A competitive procurement designed to exclude State aid o ▪ By : Risk-benefit sharing according to market conditions o Competitive development in phases o Separation between R&D and commercialisation o 4
Precommercial procurement (PCP) ▪ Except: for some services of research and development (certain o Common Procurement Vocabulary codes) (and) who are wholly renumerated by the contracting o authority (and) wherefore the benefits accrue exclusively to the o contracting authority for its use in the conduct of its own affairs → In that case Procurement law is applicable, so no PCP 5
Precommercial procurement (PCP) ▪ Difficulties : ▪ R&D: need of an unambiguously definition ▪ Only refers to category 8 (and besides, of the previous Belgian law): services for research and development ▪ Quid category 7: ICT and related services → R&D possible ? ICT and related services: law is applicable o ICT as R&D is possible but strictly limited and merely o applicable to research rather than development ▪ Quid intellectual property rights? 6
Precommercial procurement (PCP) ▪ United States ‘Value for money’ vs. European ‘risk-aversion’ ▪ What to do in case of doubt ? -> Be less risk-averse Failure should be allowed o Trial and error o 7
Public procurement of innovation (PPI) ▪ Contracting authorities act as a launch customer for innovative goods of services which are not yet available on a large-scale commercial basis, and may include conformity testing ▪ Market share < 20% (https://www.ewi-vlaanderen.be/en/node/5347) ▪ How: ▪ Classical procurement procedures: negotiated procedure without prior publication o competitive procedure with negotiation o competitive dialogue o open procedure/restricted procedure o ▪ Innovative procurement procedure: innovation partnership 8
PCP and PPI: How can we offer support ? Innovation PCP PPI Innovative sollutions that require R&D Innovative solutions (test or market share <20%) Limited to research and development Procurement law not applicable Procurement law applicable BOSA, Section Procurement policy and advice • Creating the process of innovative procurement on a federal level • Creating an innovative department and providing tools (guidelines, templates, advice) • Support platform as a meeting space for contracting authorities and business (proper technology and triggers for both parties) and offering a transversal approach 9
Suggestion 2: Expertise Centre on Innovation Procurement ▪ Despite the potential, still little public procurement in Belgium is aimed at innovation and R&D ▪ No specific metrics are available (federal, regional, or local) ▪ Qualitative study: Barometer Innovative Public Procurement in Belgium (De Coninck, Viaene, Leysen, Van der Auwera, June 2017) ▪ Some key initiatives in Belgium: ▪ Nido Innovation Lab (Federal) ▪ FPS Policy & Support (Federal) ▪ Flemish Program For Innovative Public Procurement (Flemish) ▪ Digipolis (Local) 10
Suggestion 2: Expertise Centre on Innovation Procurement ▪ Why aren’t there more initiatives? ▪ Lack of awareness ▪ Lack of knowhow and expertise ▪ Risk-averse attitude ▪ Fear of the unknown ▪ … ▪ Ambition: Set up an Expertise Centre on Innovation Procurement 11
Suggestion 2: Expertise Centre on Innovation Procurement ▪ What: ▪ Dedicated Expertise Centre on Innovation Procurement within FPS Policy & Support ▪ To boost innovation procurement in Belgium ▪ By starting small and leveraging existing (cross-border) knowhow ▪ Tasks: ▪ Informative role – Inform and inspire contracting authorities ▪ Strategic support and guidance – Help shape and materialize innovation ambitions of contracting authorities ▪ Operational support and guidance – Advice and guidance through practical tips, best practice sharing, templates, toolbox, etc. ▪ Networking – Community of like-minded practitioners in Belgium, and reaching out to other European initiatives 12
Innovation starts with curiosity and openness Starting point: Workshop with startups and SME’s to discover why so little of them are participating in public tenders Biggest conclusions: ➢ It’s not always clear what government wants ➢ Tendering process is too complex ➢ Legal language ➢ Time consuming ➢ Limited possibilities to propose innovative solutions ➢ Difficult to communicate with government ➢ Payment takes too long ➢ Too many administrative obligations ➢ Standard feedback, not much to learn from 13
Innovation starts with curiosity and openness Development of a virtual marketplace ➢ A great spot for companies to promote their innovative products or services to all public administrations ➢ An opportunity to infuse public administrations with innovation by taking part in the challenges ➢ A “small business proof” procedure, transparency and meaningful feedback 14
Challenges for government Direct an open question for solutions to the market. Formulate challenges and get inspired! Give the competitors the necessary feedback so they can grow and do better next time. 15
Recommend
More recommend
