Special procurement procedures
When the market cannot provide an off-the-shelf solution, the procurement strategy must leave room to develop the requirement without giving one supplier an unfair advantage. Innovation partnerships and competitive dialogue serve different purposes and should not be selected simply because a project is technically demanding.
Choosing the route
An innovation partnership is intended for developing and subsequently purchasing an innovative solution that the market does not already provide. Competitive dialogue helps identify and define a suitable solution where its legal conditions are met. A market consultation should establish what is already available, what requires development and which uncertainties remain. Existing products needing configuration do not necessarily justify an innovation partnership.
Structuring development
Set milestones, measurable outputs, payment stages and conditions for continuing or ending the development work. Define how multiple partners would be treated and how reductions would be made. The purchase stage, performance level and cost ceiling need attention at the outset. A research project should not quietly become an unrestricted purchase commitment.
Protecting technical knowledge
Decide which pre-existing intellectual property remains with the supplier and which rights the authority needs in the results. Address access to documentation, source code, interfaces, training data and necessary third-party licences. Information supplied by one participant must not be circulated to competitors without the required permission. Confidentiality arrangements should be specific enough to protect meaningful technical contributions.
Evaluation and practical control
Use criteria that connect the proposed development approach to the public need. Compare realistic delivery plans, technical risk and whole-life cost rather than slogans about innovation. Keep a decision record through each stage. If the need changes so fundamentally that the original competition no longer fits, assess whether a new procedure is required.
Three practical situations
- A public body needs a genuinely new diagnostic capability: separate research milestones from the eventual purchase.
- A complex IT integration has several feasible architectures: consider whether dialogue can define the solution lawfully.
- A bidder contributes a proprietary method: settle disclosure and usage rights before discussing it in detail.
What to prepare for advice
Provide the proposed scope, estimated value, payment structure, intended timetable and the reasons for considering this route. If a procedure has already started, include the notice, all document versions and correspondence. We can then assess classification, procedural risk, contract terms and the available next steps together.
Official sources and further reading
Editorial review: 12 November 2026. Apply the rules and transitional provisions governing the start of the individual procedure.
Discuss your procurement project
Send the notice, tender documents, relevant correspondence and the next deadline. We assess the legal route, the work required and the proposed fee before taking further steps. For proceedings abroad, the scope of local-law advice and any involvement of local counsel are agreed for the specific matter.