Restrictions on the Use of the Innovative Partnership Mode of the Public Procurement Law

Abstract

The innovative partnership mode, like any tool supporting the development and purchase of innovative supplies, services or works, may motivate the public and private sectors to cooperate. However, analysis shows that there are many difficulties in applying this procedure due to the need to meet many legal and factual requirements by both parties to the public procurement. The ordering party is obliged to obtain information about the possibilities of order fulfilment in addition to the currently available offer. Contractors cannot ensure the expected level of innovation each time due to the scope of the risk and the degree of complexity of the procedure itself. Therefore, the aim of this article is an attempt to identify the limitations of the application of the innovative partnership mode, because the issue of combining the forces of both these spheres is not necessarily subject to growing interest.