Contract

The SELECT for Cities competition is being run by a legal instrument called a Pre-Commercial Procurement Process (PCP).  This approach enables the cities of Antwerp, Copenhagen and Helsinki to join forces to procure research and development for an innovative Internet-of-Everything (IoE) platform which is not yet commercially available.

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Core details of the approach:

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• One total jointly committed budget from which all R&D providers (competition winners) are paid 

• One joint call for tender published EU wide

• One lead procurer awarding all contracts in the name and on behalf of all the city procurer's in buyers group

• One joint evaluation of offers with each city participating in the review

• One framework agreement for each winning tenderer covering all competition phases, plus a specific contract per PCP-phase, dependent on subsequent evaluations and offers

• Payments per phase for the chosen tenderers

• No commitment to large scale deployment; no guarantee for a subsequent commercial procurement

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IPR is managed as follows:

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• Ownership of results and sideground of R&D services stay with the suppliers as fully as possible

• Suppliers and procurers, respectively, will keep ownership of their background IP which they have identified

• Suppliers must grant access rights to the procurers (1)

• Suppliers must ensure that results are commercially exploited; failure to comply will result in a transfer of ownership of the IPR from the supplier to the procurers

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(1) The procurers shall enjoy royalty-free access rights to use the R&D results for their own use. The procurers shall also enjoy the right to grant or to require participating R&D providers to grant non-exclusive licenses to third parties to exploit the results under fair and reasonable market conditions without any right to sublicense.

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Further detailed information on PCP processes can be found in the footer links below.

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