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Project ID: 248352 Innovative PROcurement techniques to support the GRowth of competitiveness for public services in EASTern Europe Publishable summary of Work Package 1 - Deliverable 1.1 “Country report and cross analyses: assessment of literature review and interviews at national level” WP Title: Work Package 1 – Context assessment and clusterization of Public Administrations Version: 1.8 Date: 07/11/2011 Pages: 27 Authors: Vehovar Vasja (University of Ljubljana) Rebeca Lucas (INNOVA) Borinka Jacobsen(INNOVA) Antonella Vulcano (INNOVA) For further information contact : Project Coordinator Ms Antonella VULCANO Tel: + 39 06 400 40 358 Email: [email protected] Consortium: INNOVA (ITALY) - Co-ordinator UNIVERSITY OF LJUBLJANA (SLOVENIA) TEODORE PUSKAS FOUNDATION (HUNGARY) BIC BRATISLAVA (SLOVAKIA) INNOVATIKA (POLAND)

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Project ID: 248352

Innovative PROcurement techniques to support the GRowth of

competitiveness for public services in EASTern Europe

Publishable summary of

Work Package 1 - Deliverable 1.1

“Country report and cross analyses: assessment of literature review and

interviews at national level”

WP Title :

Work Package 1 – Context assessment and clusterization of Public Administrations

Version : 1.8

Date: 07/11/2011 Pages : 27

Authors :

Vehovar Vasja (University of Ljubljana) Rebeca Lucas (INNOVA)

Borinka Jacobsen(INNOVA) Antonella Vulcano (INNOVA)

For further information contact: Project Coordinator

Ms Antonella VULCANO Tel: + 39 06 400 40 358

Email: [email protected]

Consortium :

• INNOVA (ITALY) - Co-ordinator

• UNIVERSITY OF LJUBLJANA (SLOVENIA)

• TEODORE PUSKAS FOUNDATION (HUNGARY)

• BIC BRATISLAVA (SLOVAKIA)

• INNOVATIKA (POLAND)

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Publishable Summary Del 1.1. Country report and cross analysis

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Disclaimer PROGR-EAST is a project funded by the European Union under FP7-ICT-2009-4. The content of this document is the sole responsibility of the PROGR-EAST Consortium and can in no way be taken to reflect the views of the European Union. The authors of this document have taken all available measures in order for its content to be accurate, consistent and lawful. The use of any knowledge, information or data contained in this document shall be at the user's sole risk. Neither the project consortium as a whole nor the individual partners that implicitly or explicitly participated to the creation and publication of this document shall be liable or responsible, in negligence or otherwise, for any loss, damage or expense whatever sustained by any person as a result of the use, in any manner or form, of any knowledge, information or data contained in this document, or due to any inaccuracy, omission or error therein contained. The European Commission shall not in any way be liable or responsible for the use of any such knowledge, information or data, or of the consequences thereof.

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Publishable Summary Del 1.1. Country report and cross analysis

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Table of Contents

Introduction.................................................................................................................................................. 3

SLOVENIA Country Overview...................................................................................................................... 4

HUNGARY Country Overview...................................................................................................................... 7

SLOVAKIA Country Overview .....................................................................................................................10

CZECH REPUBLIC Country overview.........................................................................................................13

POLAND Country overview.........................................................................................................................16

Concluding remarks....................................................................................................................................19

Annex 1: Guidelines for desk research ........................................................................................................21

Annex 2: Template for country interviews....................................................................................................24

Annex 3: List of public authorities interviewed in the five countries...............................................................27

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Introduction

The current document provides a summary of the main findings of the analysis conducted in each of the five target countries under study in the PROGR-EAST project (Innovative PROcurement techniques to support the GRowth of competitiveness for public services in EASTern Europe) for the preparation of the deliverable 1.1 entitled “Country report and cross analyses: assessment of literature review and interviews at national level of Slovenia, Hungary, Slovakia, Czech Republic and Poland”.

The original analysis was realized on the data collected from a wide-ranging desk research and from the qualitative information gathered through seventeen (17) interviews carried out in each country involving twenty-six (26) experts and key actors related to Public Procurement. The aim of the analysis was to provide EU stakeholders with an up-dated overview of the context existing in the five (5) PROGR-EAST target countries for the implementation of Pre-Commercial Procurement. In particular, the study enabled to: (i) define the up-dated context for the implementation of PCP in the target countries; (ii) identify previous experiences on PCP or similar approaches to support innovation through public procurement; (iii) identify the key actors and stakeholders in each country; (iv) assess the interest of public authorities in PCP and their attitude to cooperate with the PROGR-EAST project; and lastly (v) highlight similarities, differences and possible synergies existing in the five target countries in order to implement a proper knowledge transfer action in each country. The templates for collecting the primary data and carrying out the interviews can be found in annexes 1 and 2.

The present document also highlights the lessons learned and their implications for future Pre-Commercial Procurement roll-out and concludes with the strategic local approach to implement within the PROGR-EAST project.

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SLOVENIA Country Overview

General context Slovenia is among the Innovation followers with:

- an innovation performance just below the EU27 average - considerable efforts made for more efficient innovation in the past 5 years - public procurement expenditures as a percentage of GDP higher than the EU-27 average - a pre-award process indicator under the EU27+ average - one of the best scores in the eNotification sub-phase - e-Award and e-Submission scores among the lowest in Europe

The eProcurement platform is mandatory (set-up in June 2007 and managed by the Ministry of Finance): - it enables Slovene contracting authorities to publish public procurement notices online - a module allowing suppliers to submit tenders electronically (eTendering) is operational on the

platform since the end of January 2009 - Slovenians and foreigners can access the platform free of charge and without prior registration

The level of Public Procurement is rather decentralized but progressively migrating towards more centralization through:

- the establishment of a Public Agency in charge of Public Procurement in 2011 - a new, more centralized, eProcurement policy - the use of the mandatory national platform for all contracting authorities - a centrally steered approach encouraging more efficient coordination without excluding the

development of independent regional, local platforms or private platforms

Private Public Partnerships remain ambiguous: - at least four different forms of contract partnerships exist in relation to the amount of risk transferred

to the private sector - they tend to lower the financial burden of the public sector but require complex ways of management

and monitoring - they are highly exposed to manipulation and misuses - there are many misunderstandings on the interpretation of Private Public Partnerships in practice.

Legislative background Public procurement is regulated by the Public Procurement Act (promulgated in December 2006, amended in 2008):

- the legislation complies with EU Directives 2004/17/EC (coordination of the procurement procedures of entities operating in the water, energy, transport and postal services’ sectors) and EU Directive 2004/18/EC (coordination of procedures for the award of public works contracts, public supply contracts and public service contracts)

- it lays down the mandatory actions required from contracting authorities and tenderers in awarding public supply contracts, public service contracts and public works’ contracts

- it sets out the rules for the establishment of a dynamic purchasing system by the contracting authorities

- it regulates the use of electronic auctions and makes the common Procurement vocabulary a reference nomenclature

Private Public Partnerships are regulated by the Public-Private Partnership Act and the EU Directive 1004/18/EC.

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No overall existing eGovernment legislation : - all administrative proceedings fall under the General Administrative Procedure Act (Official Gazette

of the Republic of Slovenia, no. 24/2006-ZUP-UPB2), adopted in 1999 and last amended in 2006 - outlined priority areas: strategy on IT and electronic services development and connection of official

records; project start up: Services Directive and eSocial Affairs; eInclusion: and eDemocracy.

R&D regulations and scope for Pre-Commercial Procur ement implementation R&D is regulated by the Research and Development Act :

- which defines the instruments of research grants, further elaborated with the implementation acts and rules of the Slovenian Research Agency which finances the majority of research and has become one of the most successful organizations with respect to the transparency criteria (procedures, legislation, controls are well elaborated)

- it is not fully clear, if the R&D Act truly allows for best results for public bodies and public interest as research grants are not always optimal with respect to public interests (as they present low risks, they are much preferred by research organizations)

- corruption and inefficiency are increasingly and systematically eliminated.

No explicit legislation on procurement related to P re-Commercial Procurement: - public administrations can initiate their own Pre-Commercial Procurement activities within the

existing national Public Procurement legislation schemes, transposed as exemptions to the national procurement legislation. The instrument of “competitive dialog” - where research organization proposes solutions in various preliminary phases – are similar to many of the Pre-Commercial Procurement principles

- legislation stipulates that the risk (which is 100% on buyers’ side in case of classic Public Procurement), can be in the interval 99-50% (mixed public procurement - public private partnership), or below 50% (in classic Private Public Procurement). Such partnerships can be contractual or formal (joint organization). In addition, the “competitive” dialog can be also used in the preliminary phases. The current trend of Public Procurement in Slovenia is to ensure that the procurer gets the copyrights of the product.

Key actors of Public Procurement The key body responsible for Public Procurement is the Slovene Agency for Public Procurement , while all related legislation (Public Procurement, Green procurement, Public Private Partnership) is done at Ministry for finances level. Despite that, however, the study has shown that a key force for pushing PCP could be the Ministry for higher education, science and technology, which recently proposed the National Innovation Strategy, where innovative ways of making procurement are foreseen. In addition, the Ministry has previous experience in running innovative tenders, which have PCP-like features that are very different to the usual public procurement mode.

Lessons learned and implications for future Pre-Com mercial Procurement roll-out in the country

From the preliminary analysis and the 4 interviews carried out in Slovenia, it appears that although aware of the existence of Pre-commercial Procurement practices from the EC communications and surveys:

- key procurement actors are not very familiar with this procedure - procurement processes still face many challenges and deficiencies. Due to the lack of legislation,

approached stakeholders believe that many processes cannot be carried out in a transparent way although there is room for investments in R&D in Slovenia. Pre-Commercial Procurement is perceived as a “rather complicated process and it is difficult to implement”

- Slovenia is clearly at the beginning of the Pre-Commercial Procurement learning curve with many doubts and perplexities

- no practical examples on any Pre-commercial Procurement concrete actions were found.

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Despite these facts:

- there is a strong interest and willingness to participate in Pre-Commercial Procurement awareness raising actions and to gain knowledge on the characteristics and advantages of encouraging the use of Pre-commercial Procurement to boost innovation and foster innovative R&D in the country

- Slovenia has excellent pre-conditions: good registers, reduced size and high computerization of its public sector even if some vital components, such as eProcurement, are lagging in their development and numerous e-Government options, which are in principle very exhaustive and elaborated, are not user-friendly enough nor integrated enough to gain popularity

- potential preliminary areas of implementation of Pre-Commercial Procurement were mentioned in the fields of e-health and e-administration.

PROGR-EAST country approach to introduce innovative Pre-Commercial strategies

Considering in particular the limited knowledge on Pre-Commercial Procurement, the approach towards Slovenia is focused on:

- reinforcing awareness on the topic by encouraging large participation to the local workshop

- offering expert advice for pilots selection and pilots elaboration

- wide-spreading information at Ministry and Agency levels, targeting key actors, to gain further interest and increase knowledge on the topic

- introducing the Pre-Commercial Procurement manual under development in the PROGR-EAST project (through a national workshop and targeted dissemination) to serve as an essential tool to illustrate how to practically implement Pre-commercial Procurement and to share foreign experiences and best practices. The manual will also help to eradicate any misinterpretations and confusion around this still very new topic

- implicating the local Steering Committee Member to act at Ministry level to further leverage the awareness on Pre-Commercial Procurement.

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HUNGARY Country Overview

General context Hungary is among the group of moderate innovators with:

- a moderate growth performance - framework conditions not particularly favorable for innovation activities in the past years - an innovation performance still trailing the EU 27 average, even though improved since 2004 - a low level of innovation activities although business expenditure on R&D has been growing - a pre-award process indicator under the EU27+ average

The Public Procurement context: - has been strongly affected by the recent government structural changes even though the Ministry of

Justice remained basically the primary actor in charge - is related to the Central Contracting Agency , appointed with a mandatory service portfolio, that

defines the scope of the beneficiary institutes it represents as well as the object of the procedures and the product categories. This centralized system provides professional support in the early phases of the newly introduced public procurement management enabling further innovative procurement techniques

Private Public Partnerships actions: - are operating a positive shifting towards a better observation of the set norms and concentrating on

improving their design and implementation - are being harmonized since 2003 through an inter-departmental Committee , originally composed

of representatives of five ministries and government bodies, primarily focusing on road infrastructure development, student hostels and the penitentiary system. The role of the Committee and its members is subject to further change due to the recent re-structuring of the Hungarian Ministries and tasks under their responsibility

Much hope lies in the New Széchenyi Plan:

- implemented early 2011 as a key instrument to boost innovation and aimed at the national economic recovery and economic growth in which productive and technology sectors are highlighted

- it comprises 7 priority programmes: health industry, green economy development, housing, development of the business environment, science/innovation/growth, employment and transport

Legislative background Public Procurement is regulated through the harmonized Hungarian Public Procurement Act (Act CXXIX of 2003 on Public Procurement replacing the former XL Act on Public Procurement introduced in 1995):

- it regulates decisions in relation to public procurement, such as technical specifications, performance or functional requirements

- it includes a negotiated procedure without a notice when the procurement is required solely for the purpose of research, tests, education or development as well as a competitive dialogue approach

The implementation of Private Public Partnership projects in Hungary is s till scarce and far from the normative model of implementation.

No specific eGovernment legislation was detected, but a number of priority areas on eGovernment have been outlined: user empowerment (services designed around users’ needs, improvement of transparency, involvement of citizens and businesses in the policy-making process), internal market (services for businesses, mobility, implementation of cross-border services), efficiency and effectiveness of public administrations, “Green” Government, open specifications and interoperability (eSignature, e-Identification, eAuthentication). No R&D elements have been identified within these projects.

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R&D regulations and scope for Pre-Commercial Procur ement implementation Research Development and Innovation (RDI) falls under the Act no. CXXXIV of 2004 on Research Development and Technological Innovation (the “RDTI Act”) and the Public Procurement Act :

- the Act aims to facilitate the growth of competitiveness of the Hungarian economy based on RDI in a manner ensuring sustainable development (therein, R&D includes fundamental and applied research as well as experimental development) and improving creation and exploitation of RD&I results

- the majority of RDI is financed by the Central Office for Public Procurement - RDTI activities are concentrated to large, mostly foreign-owned firms in a few sectors and the

intensity of innovation cooperation among key national innovation system actors is rather low

No explicit legislation on procurement related to P re-Commercial Procurement was identified : - public administrations can initiate their own Pre-Commercial Procurement activities within the

existing national Public Procurement legislation schemes (Act CXXIX of 2003 on Public Procurement includes possibilities on how to foster innovation through public procurement)

- directives upon which Pre-Commercial Procurement is based, can be transposed as exemptions to the national procurement legislation

- Pre-Commercial Procurement lies among the priorities in the New Széchenyi Plan/Science and Innovation Programme

Hungary has adopted a bottom-up approach on Pre-Commercial Procurement implementation, piloting the usage of structural Funds on a regional level: the Észak-Alföld Regional Innovation Agency aims to carry out a pilot project leading to a prototype that was conceived through the EU funded RAPIDE project (Regional Action Plans for Innovation Development and Enterprises). Public procurers will be identified before the pilot launch and needs identified which can be solved by technical development and suitable for a Pre-Commercial Procurement approach.

Key actors of Public Procurement The Public Procurement Council, established in 1995 by the XL Act on Public Procurement, is one of the key drivers in terms of public procurement regulations in Hungary. The new CXXIX Act of 2003 on Public Procurement basically left its structure intact. The Council is subordinated to Parliament and the Central Office for Public Procurement is the official reference organisation of state Public Procurement in line with the regulatory role from the Ministry of Justice. As governments changed there were modifications in the roles of the actually existing institutions, but the basic actors remain the Ministry of Public Administration and Justice in charge for the highest level regulation (the management of the act), the Council of Public Procurement (governed by the National Assembly with its background organizations) for overall supervision of ongoing practice with ex-ante and ex-post monitoring tasks, and the electronic government centre for the “e” element in public procurement. The single central agencies are responsible for its own procurement.

Lessons learned and implications for future Pre-Com mercial Procurement roll-out in the country The primary desk research, together with the 3 interviews carried out in Hungary, have pointed out that some initiatives in the country exist that contribute to spread knowledge on Pre-Commercial Procurement:

- promotion on the implementation of the Pre-Commercial Procurement pilot project by the Észak-Alföld Regional Innovation Agency

- conference on Pre-Commercial Procurement organized in 2011 under the Hungarian Presidency.

Although aware of the existence of Pre-Commercial Procurement practices from the EC communications, surveys and local initiatives, interviews carried out confirmed that:

- there is still a low level of awareness regarding Pre-Commercial Procurement on the part of purchasers and businesses characterized mainly by low levels of trust, often uncertainty and many doubts and misinterpretations. “Poor culture of innovation” and a “low level of expertise” were also mentioned

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- IPR is considered as problematic: Hungarian SMEs fear to see confidential business information, data and know-how made available publicly to international competitors1

- there is a recognized need for better communication to raise the level of awareness, training and especially the dissemination of good practices, which can be used as examples to follow

- a low level of R&D and IPR management knowledge is hampering the take up of procurement of development projects.

The potential areas for Pre-Commercial Procurement that emerged were: transport, ICT, energy, health and government organizational restructuring (technologies, methods, knowledge management, e-signature).

PROGR-EAST country approach to introduce innovative Pre-Commercial strategies The country approach calls for actions to:

- further boost information diffusion and share experiences on the topic through workshops, training sessions and continuous contact with key stakeholders

- build on clarifying legal aspects on Pre-Commercial Procurement to gain more trust and reduce the risk-aversion approach

- support and accompany key procurement actors in the roll-out of Pre-Commercial Procurement

- introduce the Pre-Commercial Procurement manual to support the practical implementation and illustrate the best practices for a step-wise implementation.

- develop synergies and share experience with the Pre-Commercial Procurement pilot (Észak-Alföld Regional Innovation Agency) currently in action in the country to sustain the process and help better target the key stakeholders

- multiply occasions to clarify the IPR distribution agreement between the public procurer and the supplier in accordance with the Pre-Commercial Procurement approach (this issue will also be included in the Pre-Commercial Procurement manual developed in the PROGR-EAST project).

1 In an accurately applied PCP approach, this should not occur because the company keeps all IPR ownership rights (unlike in regular procurement where the procurer is usually the owner of results) and the procurer is not allowed (procurement directives forbid this) to divulge business/IPR sensitive information to competitors during a procurement procedure. Concretely, this can/should be enforced by including a non disclosure agreement in the PCP contract between the procurer and the companies participating in the PCP process.

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SLOVAKIA Country Overview

General context Slovakia belongs to the group of moderate innovators with:

- a moderate growth performance - the lowest share of public R&D expenditures among the target countries under study - low scores on all sub-phases of eProcurement, lagging behind the EU27+ average

The national eProcurement platform is non-mandatory: - it covers only certain procedures and phases of procurement (preparation, planning, eNotification,

and partially eTendering and eAwarding) - it supports e-submission of tenders electronically for above and below the limit contracts for open

and restricted procedures - the eAuction system is strongly promoted by the new Government to enhance transparent public

administration management

The national Public Procurement framework: - is governed by the Public Procurement Office - is related to the central procurement website where most public procurement information is placed.

Justifications for awarding a contract to a selected contractor are not systematically included and the system does not allow tracking of public procurement spending on line. Tender documents are not always published on line. A new, electronic central registry of contracts has been set up in 2010 with the scope of providing an adequate degree of transparency throughout the entire public procurement cycle

Private Public Partnerships : - were launched exclusively in the highway construction area since 2008, but were strongly perceived

as non-transparent public methods - Slovak R&D and Innovation policy guidelines often refer to "improving cooperation between Industry

and Academia”, and/or "developing Public-Private Partnerships in the R&D sector" - no other specific actions were registered during the past five years in the area of eGovernment or

online public services through Private Public Partnerships

Legislative background Public Procurement is regulated under the Public Procurement Act 25/2006 (amended by other acts Art. 1/2/m):

- it regulates the award of supply contracts, building works’ contracts and service contracts, design contest and administration in public procurement

- it is, to a substantial degree, an implementation of two key European Union directives: Directive 2004/18/EC and Directive 2004/17/EC and therefore heavily dependant on the relevant EU law

- it provides detailed guidelines for tender rules, publication of tenders, admissibility of bidders, meeting personal, economical, technical and other criteria, choice of the most suitable form of procurement (e.g. public tender, restricted tender, negotiation procedures, etc.), evaluation of bids, appeals and supervision

eGovernment and general public online services fall under the Act No.275/2006 Coll. on Information Systems within Public Administration (+ 3 amendments) and the eGovernment Act :

- eGovernment policymaking and responsibility lies with the Directorate of the Information Society of the Ministry of Finance

- strategic priorities are: feasibility studies for eGovernment architecture, services and ICT infrastructure at the central, regional, and local level, electronic registries of public authorities, amendments of the legislative environment, and legislative requirements for implementation of eGovernment. Many of the projects in these areas started implementing original technical solutions

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for the Slovak public administration institutions, thus with significant components of R&D and innovation

R&D regulations and scope for Pre-Commercial Procur ement implementation No special provisions were made for R&D, science, t echnology and/or innovation:

- these activities are still traditionally considered matters for the central government that finances the majority of basic and applied research and so-called “target research-projects”

- the Ministry of Education, R&D and Sports is the central body for drafting, implementing and evaluating science and technology policies

- the Ministries act as the implementing bodies for the R&D programs falling under their responsibility - Slovak regions (self-governing NUTS III level regions) have no formal responsibilities in the field of

research. Regional governments may establish and support regional R&D centers and/or technology parks, but they often lack financial resources and expertise

- the bulk of public R&D funds is in the hands of the R&D departments of the respective Ministries (Ministry of Education, R&D and Sports and Ministry of Economy – as well as most of the other Ministries with their own R&D budgets). All existing Ministries manage their specific R&D budgets and projects

No explicit legislation on public procurement relat ed to Pre-Commercial Procurement was identified :

- the legal basis for Pre-Commercial Procurement can be found in the Procurement Law (article 16.F of public procurement Directive 2004/18/EC and Article 24.E of public procurement Directive 2004/17/EC) implemented by Article 58(1) (d) of the Public Procurement Act No.25/2006 Coll., as amended

- IPR issues have traditionally called for the use of a negotiated procedure without publication; especially in cases where an award is given for IT upgrades. Contracting Authorities must often rely on additional external and costly legal advice when they are required to deal with other type of contracts

Key actors of Public Procurement

The national Public Procurement framework is governed by the Public Procurement Office (central body for public procurement). This body however only oversees public procurement procedures, whether they are in compliance with the public procurement Act. The Ministry of Finance is responsible for eGovernment on central level and the coordination of decentralized eGovernment activities and also controls the public procurement procedures.

The implementation of the bulk of public R&D funds is however in the hands of the respective ministries themselves, or, more specifically, their R&D departments. This concerns both of the key R&D Ministries – Ministry of Education, R&D and Sports and Ministry of Economy – as well as most of the other Ministries with their own R&D budgets. All existing Ministries manage their specific R&D budgets and projects. This also runs down to the regional self-governing institutions, local municipalities that can become key drivers of PCP. Lessons learned and implications for future Pre-Com mercial Procurement roll-out in the country

4 interviews were made in Slovakia with key public procurement actors to complement the context assessment. The overall study highlighted the following issues:

• the RAPIDE project (Regional Action Plans for Innovation Development and Enterprises) was identified in Slovakia as a reference project with a focus on Pre-Commercial Procurement. The partner from the Slovak Republic in the project was the Regional Self-Government Presov Region that focused on the innovation voucher strategy. The RAPIDE project contributed to raise interest in Pre-Commercial Procurement by encouraging the participation of official representatives of targeted Ministries in project events

• at present, no other participation of a Slovak public administration or private company was indicated in any other running project related to Pre-Commercial Procurement

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• despite some isolated actions, the knowledge on Pre-Commercial Procurement remains quite limited on Ministry level and within the national Public Procurement Office:

- Slovakia is currently still exploring possibilities related to a Pre-Commercial Procurement approach with a strong interest to learn more on the practices, in particular about the methodology, practical cases, and evaluation in foreign experiences

- IPR questions are not well understood and are perceived as an obstacle to offset Pre-Commercial Procurement practices

- the advantages of applying a Pre-Commercial Procurement logic rather than a classical Public Procurement are not yet clear, there is much apprehension on the length and the management of information during the process

- interviews carried out have confirmed that although Slovakia has the proper pre-conditions to start implementing Pre-Commercial Procurement as it is fully harmonized with the EU framework, it would gain in setting up a leading body as well as providing for a national methodology and/or guidelines to launch the take-up of this new approach.

As far as the potential areas for Pre-Commercial Procurement are concerned, three types of services were cited: eProcurement services; eGovernment services, other public online services.

PROGR-EAST country approach to introduce innovative Pre-Commercial strategies The approach towards Slovakia is to aim at:

- increasing awareness and knowledge on Pre-Commercial Procurement, by multiplying contacts and actions to encourage large participation to local events on the PCP and related topics

- disseminating latest information on the topic and highlighting events to further open discussion and gain understanding

- offering strong expert advice and widespread information at all levels

- clarifying misunderstandings and doubts about Pre-Commercial Procurement still considered as a complicated approach

- highlighting the advantages of a Pre-Commercial procurement approach

- introducing the Pre-Commercial Procurement manual under development in the PROGR-EAST project, targeted to the key actors and practitioners, to further help unveil basic misinterpretations.

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CZECH REPUBLIC Country overview

General context Czech Republic is among the Moderate Innovators and Growth Leaders with:

- a public R&D expenditure below the EU27 average - a pre-award indicator in 2009 close to the EU27+ average - an excellent score on eNotification sub-phase - room for improvement on the eSubmission subphase - currently, over 90% of notifications are sent electronically

The national Public Procurement platform is mandatory : - for the publication of tenders above the national threshold - to purchase ICT commodities and services

The procedures for Public Procurement:

- in general, and in awarding public contracts in particular, have been well improved in recent years. New measures to make procurement procedures more transparent and less formal have been progressively introduced, making changes applicable to all public procurement tenders initiated in 2010 and affecting contracting authorities, contractors and the competition authority (the Office for the Protection of Competition)

- a national plan for the introduction of electronic Pu blic Procurement over the period 2006-2010, has created a further dynamic in the country towards larger transparency and use of Public Procurement. The national plan is a strategic document on incorporating modern information and communications technologies into the public procurement process

Public Private Partnerships in R&D priorities are outlined in the National Innovation Policy 2005-2010, later replaced by the National Policy of Research, Development and Innova tion for the period 2009-2015. They are aimed at:

- encouraging effective cooperation of public and private sectors based on joint programs and projects - establishing technology platforms and a fund providing financing to joint public-private projects as

well as to support the establishment of new technology firms for the utilization, valorisation and exploitation of R&D results

- stimulating knowledge and technology transfers

Legislative background Czech Public Procurement and awarding concessions fall under the Public Procurement Act No. 137/2006 Coll . (on Public Contracts) and the Concession Act no. 139/2006 Coll. (on Concession Contracts and Concession Procedures):

- the acts have been amended several times and are now fully harmonized with the relevant EU legislation

- principles of transparency, equal treatment, non-discrimination, mutual recognition and proportionality are therein particularly highlighted

- the primary goal of the new Act on Public Contracts and the Concession Act is related to ensuring effectiveness, efficiency and expediency in the disposition of public assets

eGovernment and general public online services fall under Act No.300/2008 Coll. on eGovernment (+ 2 amendments) and Act No.365/2000 Coll . on Information Systems within Public Administration (+ 12 amendments):

- top strategic eGovernment priorities for 2009-2010 have been: System of data-boxes for communication within public administrations with private companies, eGovernment one-stop shop (network of contact points providing eGov services), interconnected and interoperable basic public registers, digitalization of documents and their archiving, and other specific eGovernment services. Many of these projects started a decade ago and were provided by national or global IT suppliers, implementing relatively original technical solutions.

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R&D regulations and scope for Pre-Commercial Procur ement implementation The new National Policy of Research, Development and Innova tion (RDI) for years 2009-2015:

- largely improved interaction and cooperation of public research institutes with industry: strategic management of R&D and Innovation was introduced at all levels, based on the systematic impact assessment of the National Policy as well as on the analyses of R&D and Innovation. Therein, the Czech Council for R&D adopted the document „Priorities of Applied Research, Development and Innovation for 2009-2011“.

- at political level, the Research and Development Council (CRDI), prepares the proposals for allocating public funds for R&D. At operational level, once the proposal is approved by the Government, the Ministry of Finance allocates the funds to the individual providers. In addition, several sectoral Ministries have significant R&D budgets and also act as important R&D funders and as the implementing bodies

- the Academy of Sciences has an internal grant agency which also acts as an implementing body for the national funds it receives. In addition to these, the Czech Science Foundation - a dedicated agency for basic research - acts as an implementing body for the grants for basic research

- Czech regions have no formal responsibilities in the field of research

No specific guidelines on Public Procurement make a n explicit reference to Pre-Commercial Procurement in itself or to the European Pre-Commercial Procurement Communication:

- the legal basis for Pre-Commercial Procurement can be found in the Procurement Law (article 16.F of public procurement Directive 2004/18/EC and Article 24.E of public procurement Directive 2004/17/EC) implemented by Article 18(1) (d) of the Public Procurement Act No.137/2006 Coll., as amended, and the Research, Experimental Development and Innovations Aid Act No.130/2002 Coll., as amended

Key actors of Public Procurement The Ministry for Regional Development is responsible for governmental proposals of legislation on public procurement and concession contracts. It is also responsible for the methodological approach. Every contracting entity is responsible for its own procurements. If contracting entities associate or group in another way for the purposes of common actions aimed at the award of a public contract, they are considered as a sole contracting entity. The driver for a PCP approach will therefore be more the strong societal need, whether at ministry or self-governing institutions, city-hall or local mun icipalities . The latter are believed more flexible and open in these issues.

Lessons learned and implications for future Pre-Com mercial Procurement roll-out in the country 4 interviews with major Ministries in the Czech Republic completed the context assessment. Three projects on the topic, involving Czech partners, have been identified and have contributed to a certain extent to raise awareness on the Pre-Commercial Procurement topic in the country:

- the EU funded (Interreg) project RAPIDE (Regional Action Plans for Innovation Development and Enterprises), encouraging the implementation of pilots on Pre-Commercial Procurement

- PreCo (Enhancing Innovation in Pre-commercial Public Purchasing Processes) focusing on eHealth and eEnergy involving two Czech partners: EPMA and the Regional Self-Government Vysocina with a potential scope for an eHealth project (regional hospital in Jihlava, CZ) implemention on Pre-Commercial procurement

- P3ITS (Pre-commercial Procurement in Intelligent Transport Systems) focusing on eTransport involving two Czech partners: Centrum dopravniho vyskumu & Evolving Systems Consulting

However, knowledge of Pre-Commercial Procurement practices among key stakeholders and decisioners is still rather limited:

- experience in Public Procurement for R&D and Innovation are near to non-existent due to a very limited R&D budget and to several internal problems of transfer of competencies between and within ministries in the last decade

- experience on eGovernment and on other online public services remain very scarce

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- Pre-Commercial Procurement could be implemented (all legal framework is available) but the absence of leadership and the lack of relevant information still hampers further take-off

- IPR issues are seen as an important obstacle, and there remains a certain risk-awareness due to limited financial resources and some negative past experiences in Public Procurement.

Czech Republic is at the beginning of its exploration towards implementing Pre-Commercial Procurement processes with a strong interest and willingness to learn more about Pre-Commercial Procurement characteristics and advantages and to obtain a clear methodology for implementation together with case studies from foreign best practices.

The potential areas for Pre-Commercial Procurement that have been identified are: eProcurement services; eGovernment services; other public online services; eLearning and eEducation.

PROGR-EAST country approach to introduce innovative Pre-Commercial strategies The Czech framework calls for targeted actions aimed at:

- reinforcing awareness on the Pre-Commercial Procurement topic through workshops, brainstorming activities, training, participation to events

- introducing more expert advice and guidance

- widely disseminating the topic to targeted key stakeholders to help gain further interest and increase knowledge

- developing an illustrated methodological approach tool (Handbook under progress within the PROGR-EAST project) and introducing it to unlock Pre-Commercial Procurement roll-out in the country

- learning from the experience from the RAPIDE and P3ITS projects

- creating synergies with the PreCo project partners as the project progresses.

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POLAND Country overview

General context Poland belongs to the group of moderate innovators with:

- a moderate growth performance - a very low pre-award process indicator for all the su b-phases , with the exception of eAward

where it is slightly higher

The national Central Public Procurement Portal is mandatory for the publication of tenders (announcement and information about the outcome) in the Public Procurement Bulletin, above national and below European threshold. Poland presents a rather decentralized system of Public Procurement :

- each entity is obliged to follow the Public Procurement Law and is responsible for choosing the most appropriate procedure to follow for organisation and publication of its tenders

- basic procedures for awarding public contracts are open tendering and restricted tendering - awarding entities may also award contracts by negotiations with publication, negotiations without

publication, single-source procurement, request-for quotations or electronic auction procedure but only under the circumstances strictly specified in the Public Procurement Law and in compliance with EU Directives

- since the beginning of 2011, there is newly established Centre of Joint Services acting as central procurer. It performs central government tenders and also offers services regarding performing joint tenders on behalf of different public procurers (this is an option, not an obligation for the procurers)

Private-Public-Partnership is a rather new form of Public Procurement : - some implementation difficulties were encountered in the past years: the first legislation, adopted in

2005, had been considered too demanding and complex and was later replaced by a new more flexible and liberal legislation in 2008. Therefore only few projects were carried out till then

- most of the projects carried out since the new Act were in the field of sport and leisure, municipal infrastructure, health and telecom infrastructure

Legislative background The main official regulation on the Public Procurement system is the Public Procurement Law (adopted on 29th January 2004):

- it was largely amended on 25th May 2006 in order to implement the provisions of the EU Directives 2004/17 and 2004/18. Before the Law of 29th January 2004 Public Procurement was regulated by the act on Public Procurement of 10th June 1994 with several amendments

- it outlines general rules such as equal treatment of economic operators, open and fair competition, openness and transparency of award procedures, primacy of open and restricted tendering procedures

The legal framework of Public Private Partnerships is the new Act on Public-Private Partnerships, adopted in 2008:

- it defines the principles of cooperation between public and private entities with a strict relation among the Public Private Partnership Act and the Concession Act

- the Public Private Partnership Act refers to the Conces sion Act in the field of the private partner selection process

The Act on Computerization of the operations of the enti ties performing public tasks was set into force in 2005 to regulate eGovernment:

- it grants both citizens and businesses the right to contact public authorities electronically - it sets up horizontal/infrastructure programmes for all sectors of Public Administration and

establishes a common interoperability framework for IT systems in the Polish public sector - top 5 strategic eGovernment priorities: extending the eElectronic Platform of public administration

services (ePUAP) integrating all public registries, the PESEL register (general census electronic

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System) as the main reference database for individuals, the development of a “Multifunctional Personal Document” to replace the traditional plastic ID card and ensuring proper co-ordination between central and regional eGovernment. These eGovernment projects are supported by the EU structural funds

- the latest novelty has been adopted in February 2010. It enlarges the number of institutions obliged to follow this Act; introduces the rule of „technological neutrality” allowing all kinds of IT technologies to be used; introduces new minimal requirements for IT systems used, giving also disabled people easy access; introduces new public e-services platform ePUAP; introduces digital signature authorized with trusted ePUAP profile; and finally, introduces central digital repository of documents

R&D regulations and scope for Pre-Commercial Procur ement implementation Research and Development :

- is financed mainly through grants awarded from the Ministry of Science and Higher Education, on the basis of Act of 30th April 2010 “Financing of Science”

- various research activities are performed within operational programmes: “Innovative Economy” and “Human Capital” (structural funds of the EU)

- a minority of the research activity is financed with private funds - decisions regarding research funding are centralized, and often basic research prevails

No specific directives on Pre-Commercial Procuremen t pre-exist : - it can however be carried out on the basis of the existing Public Procurement Law. There is an

exclusion of research services in the Public Procurement Law: public entities performing/ordering research services are not obliged to follow Public Procurement law, on the condition that these services are not fully paid by the public entity acting as a “public procurer” or the results of R&D services do not belong exclusively to the public entity acting as a “public procurer”.

- the new approach on Public Procurement impact on SMEs, innovations and sustainable development prepared jointly by the Ministry of Economy and Public Procurement Office was approved by the Polish Council of Ministers in April 2008 and addresses issues on how to increase participation of SMEs in the public procurement system, how to increase market demand of innovative products and services making substantial changes in the public procurement system and how to stimulate the use of electronic tools in the public procurement process (e-government services)

- it is believed that Poland has very good framework conditions to welcome and support Pre-Commercial Procurement roll-out

Key actors of Public Procurement The Public Procurement Office acts as the main player in the Polish Public Procurement system. The Public procurement Office supervises the good application of the Public Procurement Law, prepares drafts of legislative acts concerning public procurement, prepares opinions and interpretations regarding issues specified in the Public Procurement Law, publishes the Public Procurement Bulletin, manages Central Public Procurement Portal and arranges appeal proceedings.

The key drivers in the Pre-Commercial procurement implementation process could be the Ministry of Economy and Polish Agency of Enterprise Development .

Lessons learned and implications for future Pre-Com mercial Procurement roll-out in the country In Poland, from the study carried out and complemented by 2 interviews, there is currently one running initiative on Pre-Commercial Procurement implementation that was initiated as part of the RAPIDE project:

- the Marshal Office of the Kujawsko-Pomorskie Voivodeship, an official partner in the RAPIDE project has set up a special Commission to coordinate the process of Pre-Commercial Procurement implementation. A pilot project implemented with a Pre-Commercial Procurement logic is currently under way concerning a “Digital Platform of Innovation”

- the aim of this project is to develop the e-service (an internet platform) that would support the management of the regional innovation system

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Poland is attempting a bottom-up approach, however: - no substantial changes facilitating further Pre-Commercial Procurement implementation in legislation

are foreseen in a near future and the first pilot projects will be prepared and performed on the basis of existing Public Procurement Law

- even though there is awareness on Pre-Commercial Procurement practices in Poland, it is a result of scarcely circulating information and the direct interest of too few key stakeholders

- the general Public Procurement situation in the country is considered as not innovative enough and research is not clearly demand driven

- the mechanisms to drive innovation from within the public bodies remains weak and the “Innovative” part of the Public Procurement Law is not fully explored

- the polish public administration has been found not always very eager to adopt Pre-Commercial Procurement policies considering that it is still largely an unknown territory involving high risks

- the concepts, advantages and steps would gain to be further illustrated, spread and assimilated - the main obstacle perceived lies in the risk-averse behavior: adopting a different approach, when the

old one is well known and seems to work, is regarded as too risky and complex

As suggested directly by approached key polish stakeholders: - guidelines with best practices for different industries e.g. IT, public transportation, environment, etc.

should be prepared and distributed to public institutions in each country - to change behavior, distributing information on Pre-Commercial Procurement would need to be

complemented by regulations that encourage people to apply this new approach - there is awareness that Pre-Commercial Procurement is a great opportunity for small companies as

they can participate in a tender process and can receive financing for the first stages of the development work and could guarantee that the final product meets the needs of an institution that is looking for an innovative solution provided that the detailed specifications of the end product for the tender are prepared by a person, who has a good knowledge about what should be required (which is not presently the case)

The sectors identified where Pre-Commercial Procurement could be most easily implemented are: health (medical equipment adjusted to the specific Polish needs); e-government, ICT (mobile services), environment protection, crisis management, GIS and remote sensing.

PROGR-EAST country approach to introduce innovative Pre-Commercial strategies

The approach for Poland aims at:

- diffusing additional information on the topic with illustrations and successful case studies from other countries more advanced in the take-up of Pre-Commercial Procurement, as only few key actors have a more advanced understanding of Pre-Commercial procurement and also still have many doubts about which are the steps considered to comply with a proper Pre-Commercial Procurement approach

- enhance further interest in adopting a Pre-Commercial Procurement process and existing knowledge through targeted actions such as training and workshops, face to face meetings with key Pre-Commercial Procurement stakeholders

- offering practical information on how to concretely implement Pre-Commercial Procurement together with more legal measures to encourage its application (these issues will be tackled through the introduction of the manual under progress within the PROGR-EAST project)

- widespread knowledge to key stakeholders and open a broader discussion on the matters around Pre-Commercial Procurement

- further multiplying events, seminars and working groups on Pre-Commercial Procurement (some have been organized in the country, regarding also the US SBIR program that is not fully compliant with the EC approach)

- sharing experience with the RAPIDE project, following the phases of the first pilot implementation and multiplying contacts with key stakeholders.

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Concluding remarks

The analysis of the data collected from desk and field research carried out in the PROGR-EAST target countries reveals that the five countries under study vary considerably with relation to their stages of development, innovation, research and public procur ement characteristics . In addition, the public bodies being responsible for procurement issues, and as a consequence also for Pre-Commercial Procurement, greatly differ in each country.

In parallel to the relevant differences for context, background, knowledge and experience related to Pre-Commercial Procurement that have been observed, the countries also present different stages of implementation. While some countries are still exploring the concept (Slovakia, Slovenia, Czech Republic), others have gone a step further and have developed a more pro-active attitude (Poland, Hungary).

Although there is no specific legislation on Public Procurement related to Pre-Commercial Procurement or to its stimulation, directives upon which Pre-Commercial Procurement is based, can be transposed as exemptions to the national procurement legislation or carried out under the procedures of the national procurement legislation for the procurement of R&D services.

In Hungary, Poland, Slovakia and Czech Republic, the EU-funded project RAPIDE (Regional Action Plans for Innovation Development and Enterprises), has contributed to raise interest in the topic. Hungary has even adopted a bottom-up approach on Pre-Commercial Procurement implementation, piloting the usage of structural Funds on a regional level. The Hungarian Észak-Alföld Regional Innovation Agency is aiming to carry out a first pilot project leading to a prototype that was conceived through the EU funded RAPIDE project. Poland is following the same path with another pilot project stemming from the RAPIDE project. The Czech Republic has also been involved in two other EU funded projects PreCo (Enhancing Innovation in Pre-commercial Public Purchasing Processes) and P3ITS (Pre-commercial Procurement in Intelligent Transport Systems). These initiatives have undoubtedly created further awareness within involved institutions.

However, from the inquiries carried out nationally, awareness on Pre-Commercial Procurement remains still overall very limited and/or is not diffused widely enough among the key stakeholders. Even in the more advanced countries, only few public authorities are relatively well informed on the matter and many misinterpretations and doubts still exist . All countries have expressed very high interest in receiving further detailed information on this practice and especially insist on understanding how to practically implement it and on learning from foreign successful experiences .

The main perceived problems/obstacles to further implementation of Pre-Commercial Procurement that has been revealed in the study lies in the risk-averse behavior towards putting this new practice into place, mainly due to a lack of correct understanding and scarce culture of pooling R&D and innovation from the public side. In the majority of countries, IPR is also wrongly seen as a potential difficulty to the implementation of Pre-Commercial Procurement as well as the lack of financial public resources.

The analysis carried out has enabled to better identify the local needs and to address the knowledge transfer actions to be implemented in each target country. What has emerged, although the country contexts are quite different, is that the set of needs are the same, but that the degree in which the PROGR-EAST partners will need to intervene need to be customised to each single target country. The five common needs on which the support action will be carried out have been listed hereunder:

� Need for further knowledge on Pre-Commercial Procur ement : although the target countries present different levels of knowledge, awareness raising and training actions are needed in all countries to overcome comprehension gaps, to reduce risk-averse attitudes (notably on the management of IPR) and to further spread knowledge on the benefits of a Pre-Commercial Procurement approach among key stakeholders.

How PROGR-EAST intends to address the need : organisation of five customised national awareness raising events and one co-joint training session on Pre-Commercial Procurement issues involving international and local field experts. During the local workshops, country specific issues will be raised and addressed

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� Need for guidelines on how to practically implement a Pre-Commercial process : the situation in all targeted countries calls for the development of a practical reference tool (Pre-Commercial Procurement handbook) highlighting the different steps to follow to successfully implement a Pre-Commercial Procurement process, together with examples, guidelines and its introduction to targeted stakeholders. Many aspects of a Pre-Commercial Procurement remain unclear or uncertain and practical references are missing. This practical tool will be complemented by a tailored knowledge building support and coaching process to further introduce concepts and examples illustrated in the Manual during the piloting phase

How PROGR-EAST intends to address the need : publication of a PCP Manual, a practical guide to Pre-Commercial Procurement proposing and introducing a Pre-Commercial Procurement process flow that will be adapted and customised according to the country specificities and operational aspects described within the pilot scenario

� Need for high level expert advice to boost knowledg e take-up: high-level Pre-Commercial Procurement experts’ involvement will be crucial to ensure an incremental knowledge transfer and encourage further roll-out. Moreover, support from local identified experts is strongly advisable, also acting as a further means to spread knowledge in the country

How PROGR-EAST intends to address the need : participation of high-level Pre-Commercial Procurement experts in local workshops and the training event; contribution in the elaboration of the Pre-Commercial Procurement Manual; creation of a Strategic Steering Committee, composed of one local advisor in each of the five countries that can further assist in tailoring the approach

� Need to learn from the experience of three projects related to Pre-Commercial Procurement that are in a more advanced stage : RAPIDE, PreCo and P3ITS have strongly contributed to gain interest in a number of the PROGR-East target countries and important lessons can be drawn from their experience

How PROGR-EAST intends to address the need : Synergies and knowledge sharing with the three projects to reinforce and support local actions and monitor mutual progress

� Need to increase dissemination actions and particip ation to procurement related events : building local networks of key public authorities, procurers and other key stakeholders, providing them with targeted information on events, open calls and latest surveys, strategic documents and actions related to Pre-Commercial Procurement and widely introducing the Pre-Commercial manual will reinforce awareness and knowledge as well as support countries in their implementation process

How PROGR-EAST intends to address the need : spreading information through the project dissemination channels (web-site, newsletters, workshops, participation to public events, local SSC members) and carefully directing it to the country target groups taking into consideration the constantly enriched database by the local partners through the contacts made with local stakeholders approached during the different phases of the PROGR-EAST implementation

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Annex 1 : Guidelines for desk research

INNOVATIVE PPPRRROOOCUREMENET TECHNIQUES TO SUPPORT THE GGGRRROWTH OF

COMPETITIVENESS FOR PUBLIC SERVICES IN EEEAAASSSTTTERN EUROPE.

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GENERAL GUIDELINE

A. Secondary data analysis: Review of existing secondary sources, materials and players (institutions).

Desk research (time frame 2005-2010)

• National policies, white papers, resolutions, laws, initiatives, regulations on PCP and also more

general on PP, R&D�

PPP if indirectly relevant for PCP.

• Scientific and professional and papers on PCP and also more general on PP, R&D�

PPP if

indirectly relevant for PCP (time frame 2005-2010).

• Research, surveys, case, studies on PCP on PCP and also more general on PP, R&D�

PPP if

indirectly relevant for PCP (time frame 2005-2010).

B. Qualitative assessment: Interview summaries and SWOT analysis.

C. Total length: 10-15 pages per country.

.

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A. Secondary data analysis

1. Economic and general situation with the country within EU context – statistical data with brief

comments:

a. Innovation statistics

b. Public expenditures, public expenditure in public procurement, RD share in GDP, share of

public RD, share of public expenditure (central, regional, local).

2. General situation with e-Government and specifically with public procurement (PP) and private-

public- partnership (PPP):

a. Status of PP ������ �� ����������� ���� ������������� �� ��� ������� ����������� ������

b. Status and usage of PPP ������� �������� ����� c. Legislation: �������� ������� ���� ������������� �� �� ��� ����� �� ������� ���������� ������ ���� ��� ����� �� ������������ d. Relevant institutions ��� ����� ��� ��� ����� �� ���������� �� ��� ������������� ����� ������������� ��� �����

e. Relevant cases �� ��� ������ ��������� �� ��� �� ���� �� !�" ����� ������ �� ��# �"����� �$���� �������� "�� ��� �� ��� �% �� ��������� ����������� �� ����� �� �����

3. General situation with R&D - research & development (especially public tenders) and innovations

(especially public procurement of innovations)? � Brief status. !� ���� �� �������� ������� �������� ���� �% �� � ��������� �����& '�� !�"������ �� ������ �� ����& (��� )���������� ��� �������� ��������� �������� ������ �� �������������������

b. Legislation �������� ������� ���� ������������� �� �� ��� ����� �� ����� ����� �� ������������������ c. Relevant institutions ��� ����� ��� ��� ����� �� ���������� �� ������������� ����� ������������� ��� �����

4. General situation with PCP

a. Legislation#���� ����� �� ������� �����������

b. �������� ��*����� �� ���� ���� ��� ������ ���� �������� �� ���������� � ���� � ��� +���������, �

i. ��� �� ������� ���������� �� ��� -

ii. "�� �� ������������ �� ��� %����� ����.�

iii. "�� �� *���������� �� ����� �� ���/

c. Relevant institutions �� ������ �� +�������� ,������������� ����� �� ����������� ��� �����

d. Experience� 0����� ���� ��� ������� �� ���������� ������������ ��� ������ �������� �����������

2 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:067E:0010:0015:EN:PDF 3 http://ec.europa.eu/information_society/digital-agenda/documents/digital-agenda-communication-en.pdf

4 http://cordis.europa.eu/fp7/ict/pcp/survey-on-status-of-pcp-implementation-definitive.pdf

�������� ��� �� � � �� �� ��� ������� �� � ���� � � �� � ��� ��� �� ���� �� ��� ���� �� ������ �� � ���� �� ����� � �� � ��

Publishable Summary Del 1.1. Country report and cross analysis

23

B. Qualitative assessment:

1. Summary from interviews (transcript/minutes from each interview are in the appendices)

2. Summary SWOT analysis of the situation with PCP: )����� �� ��% �*���� �� ���� �� ������� �� ������� �������� �� �#�������� ������� �� ���� !� ��������� �������� ������ ���� �� �� ������ �• �������� ���� � ����� � ����� ���� �� ����• ������ �� ��� � ����� ���������� � ��� ���� � �� ����� �� ����� ����� ������� �� ����• �������� ��� �� ������ ���������� �� ���%������ �� ������ ����� ��� ������ �� ��� ����� �� � ���� ��� ����������� ����� �� ��� ���� ��� �������� ����� ������ ����� ������� �� �� ��� ��������� �� �� ��� ���� ����!� ������ ��� ��������� ������ ���� �� �� �������

SWOT PCP country landscape

Positive Negative

Strengths Weaknesses

Inte

rna

l fa

cto

rs

• ���!"����� �� �����

• #����� ��� ���� ����� ���•

��� �� ��� ���#��� ���•

��$ �� ���% ��!

• �� &��

• ���!"����� �� �����

• #����� ��� ���� ����� ���•

��� �� ��� ���#��� ���•

��$ �� ���% ��!•

�� &��Opportunities Threats

Ex

tern

al

fact

ors

• '(')* � ��+ ��+ �����•

��!�� �� ���� ���•

�� &��

• '(')* � ��+ ��+ �����•

��!�� �� ���� ���•

�� &��!� ��� �������� �� ������ ��� ��������� ������ ���� �� �� ������� ��, �������� ���� � ����� � ����� ���� �� ������, ������ �� ��� � ����� ���������� � ��� ���� � �� ����� �� ����� ����� ������� �� �������, �������� ��� �� ������ ���������� �� ���

�������� ��� �� � � �� �� ��� ������� �� � ���� � � �� � ��� ��� �� ���� �� ��� ���� �� ������ �� � ���� �� ����� � �� � ��

Publishable Summary Del 1.1. Country report and cross analysis

24

Annex 2 : Template for country interviews

INNOVATIVE PPPRRROOOCUREMENET TECHNIQUES TO SUPPORT THE GGGRRROWTH OF

COMPETITIVENESS FOR PUBLIC SERVICES IN EEEAAASSSTTTERN EUROPE.

���� ���� �� ��������� � ����� ����� ��� �� ������ ������ �� ���� ���� ��+ ��% �% �� &#����� �� &���� ����

TASK 1.2 – Interviews with public authorities !������� ����������� ��� ������ ��������� � ������ ���� �� ���������� "�������� ��������� � ��� ������ �������!� ���� �� ���� �� ���� ������ ����� ��������� � ��� ����������� !�������� ������ ��� ��� �� �� �� �� ���������� "�� ������� ������ ���� ��� ������ �������� ������ '�������� +������ ��������, ������ �� �� ������ ����������� "�� ������ ������ �� �� �� ���� �� ��������� � ���� ��� ��� ���� ������� �� �� ��� ���� �� �� ��������������� �� ���� ���������� �� ������� �� �������,�� 0���� �� ��������� ���� ����� �� ��������� �� ��� �������� �� ���� ������������ �� ���� �������� �� ��������� �� ���� ������ �� ����������

�������� ��� �� � � �� �� ��� ������� �� � ���� � � �� � ��� ��� �� ���� �� ��� ���� �� ������ �� � ���� �� ����� � �� � ��

Publishable Summary Del 1.1. Country report and cross analysis

25

i. Basic characteristics

Interview details:

Interview number:

Name of the interviewed person:

Type of the interview (circle): ������ ��������� �����

Date and time:

Interviewee details:

Area of expertise of interviewee

Domain (circle) ������� ������ ������

Possible role in PCP ������ ��� ������ ����� ��%�! �����

Organization

Position

e-mail

ii. Background knowledge/experience of PCP, public procurement (PP) and research, development and

innovation (RDI)

� ��� �� ��� ���������� ����������������� �� ��� �������������&� !� ��� ���������� ����� ���� ��� ��� ���&� ��� �� ��� ���������� ����� ��������� �� ����������� �� ��� ��� ���&� ��� � ��� ���������� � �������� �� ������ ��������� �%! � ��� �&

iii. Assesment of national environment for PCP

� '��������� �� ����� �� ���������

� '��������� �� ��� ������ �� ���

� '��������� �� �� �������� �� ����� �� ������ ���

� '��������� �� �%! �������� ��������� ��� ������ �� ���� ��� �������

� ������� �������� �� ��� �������������&

� '��������� �� ��� ��� �� ��� ���� �� ��� +��������� �� ���������,

.�

'��������� �� ���� ������

� '��������� �� �)� ������������

� '��������� �� !�� � �������� ����� �� ���

� '��������� �� ��������� ���������� �� ��������� ������ ��� �� ����

iv. Assesment of relevent technology focus for PCP

� �������� �� �� ���

� ��� �� �� � ���� �� �� ��� ��� �����&�

�������� �������� !������������ �� �������� ���������������� ���� ������� �� ��� ����

�������� ��� �� � � �� �� ��� ������� �� � ���� � � �� � ��� ��� �� ���� �� ��� ���� �� ������ �� � ���� �� ����� � �� � ��

Publishable Summary Del 1.1. Country report and cross analysis

26

v. SWOT PCP Country landscape

� '��������� �� ����������� ����� +������� �� ���" ����,

Positive Negative

Strengths Weaknesses

Inte

rna

l fa

cto

rs

• ���!"����� �� �����

• #����� ��� ���� ����� ���•

��� �� ��� ���#��� ���•

��$ �� ���% ��!

• �� &��

• ���!"����� �� �����

• #����� ��� ���� ����� ���•

��� �� ��� ���#��� ���•

��$ �� ���% ��!•

�� &��Opportunities Threats

Ex

tern

al

fact

ors

• '(')* � ��+ ��+ �����•

��!�� �� ���� ���•

�� &��

• '(')* � ��+ ��+ �����•

��!�� �� ���� ���•

�� &��

�������� ��� �� � � �� �� ��� ������� �� � ���� � � �� � ��� ��� �� ���� �� ��� ���� �� ������ �� � ���� �� ����� � �� � ��

Publishable Summary Del 1.1. Country report and cross analysis

27

Annex 3 : List of public authorities interviewed in the fiv e countries

Country Public Authority

Slovenia

)������ �� ������

)������ �� ������ '�����������

�������� ������ '�����

)������ �� ����� �������� ������� �� ���������� %������� �� ��������� �������

Hungary

����!0�� ��������� �� (������ ��������� !�" ������� ���� � '��������� �� !�" �������� �������� '�����������%�������

(������ ��������� �� "��������� !�������� �� !�������� �������Slovakia

������ ��������� ������

)������ �� �������

)������ �� ��������

)������ �� ������

Czech Republic

)������ �� ������� %����������

)������ �� "�� �� !������

)������ �� �������� ����� �� �����

)������ �� !�����

Poland

)������ �� ������� �� $���� ��������

���� )��������� �� ������� �� ���������������