La contratación precomercial en el derecho de la Unión EuropeaEl reparto de riesgos y beneficios y la cuestión de las ayudas de estado

Resumo

The EU public procurement model considers public bodies as final costumers. Public procurement procedures aim at obtaining existent goods and services, under overall technological standards. On the contrary, pre-commercial procurement is being developed to purchase innovative managerial or technical solutions, yet nonexistent or at a very early stage, so involving the organisation in the most advanced R&D sectors. For pre-commercial procurement to become successful the Administration must forsake to receive the total profits of the contract and share risks and benefits with the supplier, who will be awarded with the IPR ownership. Finally, pre-commercial procurement must not fall into illegal granting of State aid to suppliers, by paying them far than the real value of the goods or services purchased