Points 6.1 and 6.2 shall not apply in the following cases:
(a) negotiated procedures for very low value contracts in accordance with point 14.4;
(b) negotiated procedures without prior publication in accordance with point 11, except for design contests in accordance with point 11.1, second subparagraph, point (d), and prospections of the local market in accordance with point 11.1, second subparagraph, point (g).
6.4.
Where the number of candidates meeting the selection criteria is below the minimum number specified in points 6.1 and 6.2, the contracting authority may continue the procedure by inviting to tender the candidates with the required capacities. The contracting authority shall not include other economic operators that did not initially request to participate or that it did not initially invite.
6.5.
During a negotiation, the contracting authority shall ensure equal treatment for all tenderers.
A negotiation may take place in successive stages in order to reduce the number of tenders to be negotiated by applying the award criteria specified in the procurement documents. The contracting authority shall indicate whether it will use that option in the procurement documents.
6.6.
For contracts awarded in accordance with point 11.1, second subparagraph, points (d) and (g), and points 14.2 and 14.3, the contracting authority shall invite at least all economic operators who have expressed interest following
ex ante
publicity as set out in point 3.1 or prospection of the local market or a design contest.
7. Innovation partnership
7.1.
An innovation partnership shall aim at the development of an innovative product, service or innovative works and the subsequent purchase of the resulting works, supplies or services, provided that they correspond to the performance levels and maximum costs agreed between the contracting authorities and the partners.
The innovation partnership shall be structured in successive phases following the sequence of steps in the research and innovation process, which may include the completion of the works, the manufacturing of the products or the provision of the services. The innovation partnership shall set intermediate targets to be attained by the partners.
Based on those intermediate targets, the contracting authority may decide after each phase to terminate the innovation partnership or, in the case of an innovation partnership with several partners, to reduce the number of partners by terminating individual contracts, provided that the contracting authority has indicated those possibilities and the conditions for their use in the procurement documents.
7.2.
Before launching an innovation partnership, the contracting authority shall consult the market as provided for in point 15 in order to ascertain that the work, supply or service does not exist on the market or as near-to-market development activity.
The arrangements on negotiation set out in Article 167(4) and in point 6.5 shall be complied with.
In the procurement documents, the contracting authority shall describe the need for innovative works, supplies or services that cannot be met by purchasing works, supplies or services already available on the market. It shall indicate which elements of that description define the minimum requirements. The information provided shall be sufficiently precise to enable economic operators to identify the nature and scope of the required solution and decide whether to request to participate in the procedure.
The contracting authority may decide to set up the innovation partnership with one partner or with several partners conducting separate research and development activities.
The contracts shall be awarded on the sole basis of the best price-quality ratio as set out in Article 170(4).
7.3.
In the procurement documents, the contracting authority shall specify the arrangements applicable to intellectual property rights.
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