Principles of procurement law for collaborative public services innovation
In order to be able to innovate for public services, demand and supply within the innovative ecosystem will need to be matched. To this end, a dynamic matching system (DMS) will be rigged within the ecosystem.
The basic principle of this DMS is that is fits in with the values and types of tasks connecting the ecosystem:
• Innovative, small-scale requests that are solved within 3 months
• Previous results produce new requests on the basis of evolving (technological) insights
• Uncompromisingly open source and radically transparent on principle
• Trust between parties within the ecosystem, so that they can and will collaborate in a completely transparent way
If these values are met, the principles arising from EU legislation are substantiated as well: non-discrimination, transparency and proportionality (see also annex on opportunities for government and market place innovating together ).
Within the DMS, new knowledge and techniques, new requests and available funds will be matched.
Matching questions will be published (see also Manifest innovating together for public collaboration). Please, click here for the project overview.
Due to the nature of the ecosystem’s setup – the innovativeness, the progressive development, the required creativity and the flexibility – the average questions will (need to) be small. The DMS will present new and further developments to the ecosystem as new matching requests. In view of its innovative character, this will continuously make new demands on the market place. As a result, the requests will tend to remain below the European procurement thresholds of € 221,000 and/or € 144,000. If this is not the case, the European procurement regime will be adopted.
But even below the European threshold, the ecosystem’s values will still be expressed, and thus the Public Procurement Act will be complied with. If more parties are interested in solving a specific request, the party that is to solve it will be selected on the basis of clear criteria that are made public in advance. These criteria will be developed in collaboration with interested parties from the ecosystem.
All results ensuing from the requests made will be made accessible to anyone who is interested free of charge.
On the basis from the above starting points the requirements imposed by the public procurement legislation will be fulfilled within the ecosystem.