Article 75. Innovation partnership.

1. In the tender documents, the contracting authority identifies the need for innovative products, services or works that cannot be satisfied with those available on the market. It also indicates the elements of the identified innovative products, services or works that define the minimum requirements that all tenderers must meet. This information shall be sufficiently precise to allow economic operators to identify the nature and scope of the solution requested and decide whether to participate in the procedure. 2. In the Innovation Partnership, any economic operator may make a request to participate in response to a tender notice or a call for competition, providing the elements requested by the contracting authority. 3. The contracting authority may decide to establish the innovation partnership with one or more economic operators conducting separate research and development activities. The minimum deadline for receiving requests to participate is thirty days from the date of transmission of the tender notice pursuant to Article 84. Contracts are awarded solely on the basis of the best quality/price ratio pursuant to Article 108. 4. When selecting candidates, contracting authorities apply criteria relating to the candidates' capabilities in the research and development sector and in the development and implementation of innovative solutions. Only economic operators invited by the contracting authorities following the evaluation of the requested information can present research and innovation projects. 5. The innovation partnership is structured in successive phases according to the sequence of the research and innovation process, which it may include the manufacturing of products or the provision of services or the carrying out of works, the estimated value of which must not be disproportionate to the investment required for their development. In particular, the duration and value of the various phases reflect the degree of innovation of the proposed solution and the sequence of research and innovation activities necessary for the development of an innovative solution not yet available on the market. The innovation partnership sets intermediate objectives that the parties must achieve and provides for the payment of remuneration in appropriate instalments. Based on the intermediate objectives and their actual achievement, the contracting authority may decide, after each phase, to terminate the innovation partnership or, in the case of a partnership with multiple operators, to reduce the number of operators by terminating individual contracts, provided that it has indicated these possibilities and the conditions for making use of them in the tender documents. 6. The initial and subsequent offers, excluding the final offer, may be negotiated to improve their content, except for aspects relating to minimum requirements and award criteria. Where foreseen in the tender notice, in the invitation to confirm interest or in another tender document and in application of the award criterion provided therein, negotiations during the procedure may take place in successive phases to reduce the number of offers to be negotiated . The contracting authority shall inform in writing all tenderers whose offers have not been excluded of changes to the technical specifications or other tender documents other than those establishing the minimum requirements; allows bidders sufficient time to amend and resubmit, where appropriate, amended bids. EFFECTIVE: July 1, 2023