Article 45Award of the public contract for deployment of the innovative solution proposal

1.The public buyer shall send an invitation to negotiate to each economic operator that has received a positive decision to proceed pursuant Article 44(8).

2.In addition to the provisions in Article 33, the public buyer shall indicate the structure of the negotiations and shall determine how the negotiation is finalised, including a clear exit strategy for ending the procedure without award by determining objective criteria in which case negotiations are considered to have failed.

3.The description of the societal challenge, the minimum functional requirements and the value assessment framework shall not be subject to negotiation.

4.The negotiation shall focus on deployment of the innovative solution proposal and may include, but is not limited to:

(a)scope of commercial supply;

(b)rights to exploit in wider markets;

(c)pricing and final procurement volumes, not exceeding the volumes announced pursuant to Article 42(3), point (e);

(d)future upgrades, maintenance and service conditions of the innovative solution proposal;

(e)allocation of technical and commercial risks in deployment of the innovative solution proposal.

5.In case of a successful negotiation with an economic operator, the public buyer shall award the public contract for deployment of the solution proposal directly to that economic operator or, in the case of several successful solutions, to those economic operators. Awards may take place for up to five years after publication of the positive decision pursuant Article 44(8).