Article 41 · Design and conduct of the innovation procedure

1.Public buyers may use the innovation procedure as set out in this Chapter to address a societal challenge.

2.The innovation procedure shall be conducted according to the following phases:

(a)determination of the societal challenge and design of the value assessment framework;

(b)launch of the procedure;

(c)the selection of innovative solution proposals;

(d)testing, validation and assessment of innovative solution proposals;

(e)the award of the public contract.

3.Public buyers shall determine the societal challenge to which they need an innovative solution proposal and define a value assessment framework that will be used during the course of the procedure for the assessment of the added value of the innovative solution proposal addressing the societal challenge. The value assessment framework shall use performance indicators to measure how much the proposed innovative solution proposal contributes to addressing the societal challenge in an objective and measurable way. It shall include a score system and indicate the minimum scores needed for innovative solution proposals to proceed to the different phases of the innovation procedure.

4.Elements of the value assessment framework may refer in particular to:

(a)enhanced user and process value, such as feedback gathered from citizens during the testing and validation of the innovative solution proposal;

(b)key performance indicators pertaining to increase efficiency or lower nuisance in the performance of public services, improved sustainability performance, improved health protection, reduced environmental impacts or increased security and resilience, such as safer cybersecurity systems;

(c)cost savings for the public buyer as compared with traditional or previously applied solutions.