Frequently asked questions
This section covers all the questions that we were asked during the OMC. It will be updated regularly with answers to your questions.
The address is a post office box. Once it reaches this, it is picked up by RJH’s internal post delivery service and delivered directly to Paulina Selling (in person).
Region Jämtland Härjedalen = Company
Box 654, Campus, Akademigatan 3, Hus U
Paulina Selling, ID/Case number: RS/778/2021 = Person for DHL delivery
831 27 Östersund = Correct postal code for a PO Box delivery
Sweden
Yes, for electronic submission the mail must arrive on our servers before the deadline. For the parallel postal submission, the postmark must be no later than 07 April.
No electronic registration is needed to submit a tender.
The following documents must be submitted as part of the tender: TD3a, TD3b, TD4 (not required for a single organisation as tenderer), TD5, TD6, TD7.
Please have a look at Section 4 of TD1 for further details.
Partners and subcontractors do not need to submit a BAF.
Yes, please provide the LEF for subcontractors as well.
No extra document is needed. Please include the details of the authorised signatories analogous to section 2.1 for all members of the consortium.
A “PCP procures R&D services at market price, thus providing contractors with a transparent, competitive and reliable source of financing for the early stages of their research and development. Giving each contractor the ownership of the IPRs attached to the results it generates during the PCP means that they can widely exploit the newly developed solutions commercially. In return, the tendered price must contain a financial compensation for keeping the IPR ownership compared to the case where the IPRs would be transferred to the procurers (the tendered price must be the ‘non-exclusive development price’). Moreover, the procurers must receive rights to use the R&D results for internal use and licensing rights subject to certain conditions.”[1]
“To ensure that such an arrangement is beneficial both for the public purchaser and for the companies involved in pre-commercial procurement, R&D risks and benefits are shared between them such that both parties have an incentive to pursue wide commercialisation and take up of the new solutions. When benefits shared include IPRs, care must be taken that when IPR ownership rights are assigned to companies participating in the pre- commercial procurement, this is done in a way that does not give the companies any form of unfair advantage in possible future procurements and that enables the public purchaser to access a sufficiently large and competitive supply chain. E.g. the public purchaser can require participating companies to license IPRs to third parties under fair and reasonable market conditions. The public purchaser can also demand a free licence to use the R&D results for internal use.”[2]
It is clear from the above that a keyprinciple of a PCP is the application of risk-benefit sharing. This is because, in a PCP, the public procurers do not retain all the results and benefits of the development (including Intellectual Property Rights or IPRs) exclusively for their own use. This is the difference with exclusive development, where the companies that developed the product/service cannot re-use them for other potential clients.
An important part of the benefit sharing is, as cited above, the irrevocable, royalty-free, non-exclusive, world-wide access rights granted to each member of the Buyers Group to use the Results for their own purposes. On the other hand, the procurer is the owner of the developed solution, and can widely exploit the developed solution economically. This, again is the key part of a PCP.
[1] H2020 Programme Guidance PCP procurement documents Version 2.1 07 January 2020, p.18.
[2] COM(2007) 799 final, Pre-commercial Procurement: Driving innovation to ensure sustainable high quality public services in Europe, p.7.
“Confirming offers to all members of the Buyers Group to deliver an operational system” indees refers to making an offer on your own initiative, and is part of the obligation to commercially exploit the results. This is independent from a following PPI, which is a possibility, but not guaranteed.
Yes, those wordings have the same meaning.
