Stuart Addy

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 1, Page 19 - 29

There have been many major studies and reports into Public Sector Procurement (PSP) in the United Kingdom (UK). Most are commissioned by and led by appointees from central government and often follow media criticism, making recommendations that are used to amend strategy which is then mandated in legislation. There appears to be a belief that PSP must be managed from the ‘top’ and that it can only be improved or affected by mandate and legislation. The legislation is written to favour the buyer or to respond to specific criticisms from suppliers, rather than being written from the outset with both in mind. There has been little effort reported seeking to create a framework that embraces both, just as there is little evidence that the experiences of the procurement officers are taken into account when amendments to legislation, regulation and procedure are made. This article suggests some implications and possible remedies. Keywords: procurement; commissioning; risk-aversion; innovation

Ana Lucia Jaramillo, Katerina Nikolaidou

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 3, Page 220 - 228

The public sector in Europe can make use of artificial intelligence (AI) to boost its digital transformation. To improve public services in alignment with the European democratic values, principles and rights, public procurement can leverage the innovation of AI for the public good. Both AI and the Internet of Things (IoT), fueled with quality data, offer new possibilities to spark the innovative power of a city, a Smart City. The potential of AI is at the tip of our mobile phones and the connection to networks where data is shared. This can be useful to citizens and administrations, but not without challenges and risks. Therefore, this article explores what a Smart City is, and the benefits and risks of AI based solutions in the context of Innovation Procurement. It offers examples and refers to legal and ethical frameworks for the reuse of data. Keywords: data, artificial intelligence, smart cities, innovation procurement

Reida Kashta

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 4, Page 301 - 306

Carina Pittens, Ana Lucia Jaramillo

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 4, Page 263 - 275

The Vilans Research Programme Dignity & Pride is the first nationwide innovation procurement project for nursing home services in Europe. The research program aimed to contribute to the structural increase of the quality of services provided to elderly clients in the Netherlands, based on an open innovation approach. This case study provides a policy, legal and theoretical background to illustrate the experience of Vilans in the procurement of R&D leading to insights for improvement of the care of elderly clients. To ensure quality and manage risk, the main building blocks and steering mechanisms included a governance structure with a review committee, an open policy document as part of the technical specifications, and the use of an open procedure of four (thematic) lots and multiple framework agreements covering three R&D steps. Keywords: open; innovation; procurement; Research and Development (R&D); elderly care

Andrea Castelli

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 207 - 213

In the last decade, the Smart Cities debate has been characterized by a continuous and significant development, giving rise to a wide range of definitions with the purpose of identifying the exact perimeter of the phenomenon. This included determining the processes needed to transform an urban agglomeration into a ‘smart’ city through the development of new technologies and innovation with a social purpose. With the intent of pursuing those targets and creating a model of organization designed to evaluate problems linked to the environmental protection and commercial evolution (and, as a result, to increase the quality of life of people that live in it), the EU introduced a new plan of development (the Europe 2020 program) encouraging public administrations to extend the use of instruments that were already part of the European Union legal system (like the Pre-commercial Procurement, a kind of public-private partnership) and to test new ones, like innovation partnership, introduced by Directive 2014/24/EU on public procurement. This paper aims at analysing the impact of innovation partnership in the European countries, with particular reference to Italy, considering also a comparative perspective between different approaches on the evolution and development of Smart Cities. Keywords: Public procurement; Europe 2020 Strategy; Directive 2014/24/EU; Innovation partnership; Smart Cities

Sidheshwar Tiwari

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 155 - 176

This article discusses the Public Procurement in India, its legal framework and what role the public procurement can play for promoting innovation. The supply side innovation policies originated in developed countries severely limits its potential to deliver innovations in developing countries. Off late lots of research and implementation has been done in the European Union, UK, China, Brazil on the Public Procurement as demand side of Innovation policy and it is concluded as a potential tool for innovation promotion. India is increasingly becoming a top global innovator for high-tech products and services. Still, the country is underperforming relative to its innovation potential. Implementation of Public Procurement as a Demand side Innovation policy in the European Union, some OECD countries and subsequent result finds a strong ground in the context of India, since (1) the procurement can be shaped to absorb innovation for the government to focus on the significant internal market needs and (2) the public procurement bill introduced in 2012 in upper house of parliament is under discussion for countering the present procurement regime. Keywords: Demand Side; Innovation Policy; India.

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 183 - 191

It is interesting to note the progressive strategic value assumed by public procurement contracts, which, given the huge amount of demand they convey, can exert a great influence on the supply side. The claims of cost-effectiveness and efficiency of the single market have gradually had to acknowledge the inclusion of social and environmental issues in the awarding procedures of public contracts in order to adapt to sustainable development and smart technological innovation. The Public-Private Partnership (PPP) is suitable for such an operation adopting the philosophy of maximum flexibility and learning-by-doing, in an environment of public-private collaboration which may go as far as to encompass the population. Keywords: Sustainable Procurement and PPP; Innovation; Environment; Risk Allocation.