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Innovation Procurement Frequently Asked Questions
From Office of Government Procurement
Published on
Last updated on
From Office of Government Procurement
Published on
Last updated on
Innovation Procurement can be considered when there is need or necessity for a new or improved good/service that the current market cannot offer. It is important to have a clear outline of what the innovation procurement needs to achieve rather than describing the solution. There are three innovation procurement processes that can be used Pre-Commercial Procurement (PCP), Public Procurement of Innovative Solutions (PPI), and Innovation Partnership. It is up to each individual contracting authority to explore and decide which approach is most suitable.
In order to conduct Preliminary Market Consultations for a solution good/service the contracting authority can engage with suppliers and expert bodies before the commencement of a tendering process. Preliminary market consultation can provide insights about the capacity of the market to deliver on the requirements of the contracting authority and the risks involved. It may also provide better understanding of what is currently available on the market. It is important to have a clear outline of what the innovation procurement needs to achieve rather than describing the solution. Please see further information on undertaking preliminary market research here.
Yes. Contracting Authorities (CAs) can undertake a preliminary market consultation on eTenders to gather further information and carry out market research. eTenders is the central facility for all public sector CAs to advertise procurement opportunities and award notices. CAs can also publish a Prior Information Notice (PIN) to alert the market to a planned procurement. CAs can associate a PIN with a subsequent call for tender. CAs can attach a consultation document (such as a Request for Information, survey or questionnaire) to the preliminary market consultation or PIN to gather information from the market.
Yes. The new eForms (digital public procurement notices) have been available for use on eTenders since 25 October 2023. These notices contain a new field relevant to the Procurement of Innovation. Buyers should complete this field to allow Economic Operations to see quickly if innovation is relevant to the competition announcement. Further information on the implementation of eForms can be found here.
Yes. There are a variety of supports available in the area of innovation. Please see below further information in relation to possible funding options:
The SPIN4EIC Strategic Innovation Procurement Programme is aimed at enhancing the ability of EIC innovators to access procurement markets in both in Europe and worldwide, including SMEs and start-ups. It can provide innovation procurement opportunities to Irish enterprises. Further information about this can be found here.
Yes. Contracting authorities can undertake a joint innovative procurement process. This allows contracting authorities to share risk and pool resources. It is important for all bodies to clearly outline the objectives and expectations of a joint process. It is the responsibility of each contracting authority to evaluate and consider the best procurement approach for their organisation, within the legislative framework.
Yes. There is the option for contracting authorities to set up innovation collaboration with more than one supplier. Contract objectives and targets must be set out and payment for the reaching of these targets agreed. The contracting authority may then remove any supplier not meeting the targets set out after each phase the process.
Intellectual Property Rights (IPR) are the creation, development and use rights of the new good or service. These rights can be purchased by the contracting authorities, usually at a higher price, or can be retained by the supplier. It is important that the IPR is considered by contracting authorities when undertaking an innovative procurement. It can be of particular significance when a PCP has taken place and the PPI process has begun that contracting authorities can use information in their competition notice. It varies depending on the good/service itself whether contracting authorities should consider purchasing the IPR and may not be suitable in all circumstances. It is recommended contracting authorities seek legal advice in relation to IPR.
The Intellectual Property Office of Ireland (IPOI) is the official Irish government body responsible for intellectual property (IP) rights and can provide additional information on Intellectual Property Rights and helpful resources on IPR management.
Knowledge Transfer Ireland (KTI) is Ireland’s central point of reference for industry-academia partnership and research commercialisation. It provides practical resources to support research and development collaboration, consultancy, and licensing.
Yes. Social considerations can be included in all types of procurement when they are linked to the subject matter of the contract. Further information can be found on social considerations here. The EU's ‘Making Social Responsible Public Procurement Work: 71 Good Practice Cases’ also include an example of innovation partnership being used with social considerations.
Yes. Sustainable conditions (such as green and social criteria) can be included in all types of procurement when they are linked to the subject matter of the contract. Further information on sustainable, social and green public procurement can be found on the OGP website. In 2022, the OGP led the development of the GPP Criteria Search tool, which allows the user to find, select, and download the Irish GPP criteria relevant to a specific procurement project. This may provide considerations which can be incorporated into the development of a new good/service through the innovation procurement process. The ‘Buying Greener: Green Public Procurement Strategy and Action Plan 2024 – 2027’ was published in 2024. The strategy sets out how to undertake market engagement, avail of research and innovation, and includes the EU and international initiatives on Green Public Procurement.
The OGP published ‘Opportunities and approaches for Sustainable Public Procurement – A reference for public procurement practitioners and policy makers’. This reference brings together in one place the wide range of international, European Union, and national policies and guidance across both green and socially responsible public procurement.
Yes. The European Assistance for Innovation Procurement (EAFIP) has developed a toolkit containing three self-guided modules focusing on different aspects and considerations of the innovation procurement process for both PCP and PPI. These toolkits can be downloaded as PDFs. A catalogue of all previous and upcoming presentations are also here.
Yes. There are many examples of innovation procurement available. Some PCP cases can be found here. Examples of PPI cases can be found here. The European Assistance for Innovation Procurement (EAFIP) provide various examples of innovation procurement processes they have assisted with. Further examples may also be found on both the eTenders website and on the European TED Platform.
The OGP welcomes further examples where contracting authorities have adopted an innovative approach to their procurement. Please contact support@ogp.gov.ie if you would like to showcase your example.
Yes. The OGP’s Public Procurement Guidelines for Goods and Services can be found here.
Yes. There various guides, information documents and checklists available online. Some resources have been included on the Pre-Commercial Procurement (PCP), Public Procurement of Innovative Solutions (PPI), and Innovation Partnership information pages.
If you have any other questions not covered in the above please contact support@ogp.gov.ie