Gate 2: The Procurement Act 2023
Raising awareness about the upcoming changes with the new reform.
Discovery means finding out more about something that already exists. In the context of innovation, discovery involves understanding new solutions and determining whether they are suitable for a particular challenge and environment. Whilst not to be used to procure commercial volumes, both Grant Funding and Pre-Commercial Procurement support the research and testing of solutions prior to the commercial stage. The following processes are therefore tools used to research and test solutions available in the market before considering commercial scaling.
This section offers knowledge and guidance for public-sector professionals on the following:
A grant is often a lump sum of money that is usually subject to conditions set by the funder. The public authority contributes to a project or organisation that aligns with its policy goals. It is a light-touch selection and award process, but the authority must follow the Grant Standards, for such as transparently appointing contractors and advertising work.
If the arrangement is intended to benefit the recipient and provide them with money for a public good, it is likely to be a grant. If it is intended to discharge an obligation or obtain a benefit for the grant-making department, it is more likely to be a contract for services. With grants, therefore, the buyer has limited control over the funds spent, remaining at arm’s length to recipients and outputs.
Grants are also more focused on general outcomes and flexible requirements, including research and innovation. As a result, grant recipients are usually able to exercise the freedom to take their own decisions on how to achieve the desired outcomes.
What are the limitations?
Accelerator programmes are targeted initiatives designed to fast-track the adoption of innovative and disruptive products and services. They are challenge-led, fixed-term, and follow a structured framework that connects innovators with industry stakeholders and end-users.
Accelerators may sometimes start at Gate 0 and include support on PME stage.
The process of securing grants can prove challenging and may require significant time and resources. Applicants could consider seeking internal budget within an organisation to fund a pilot. This might involve reallocating budget from existing revenue streams or identifying other available funds to support research and pilot projects. Consulting with relevant teams and commercial departments within the organisation is recommended when considering the route to market. Leveraging internal resources can not only help to kickstart innovative initiatives but also demonstrates a proactive approach to meeting an organisation’s goals and targets.
Pre-Commercial Procurement (PCP) is an approach to public-procurement of research and development services. It is designed for the commission of R&D services from multiple suppliers who develop alternative solutions in parallel. It allows an organisation to competitively test numerous solutions and then down-select at each phase of the trial.
Designed, at most, as a four-phased approach, PCP allows for a trial to be developed at each stage. As each stage is reached, the authority demonstrates feasibility or provides prototypes to address the challenge.
As PCP is for the award of R&D service contracts, the exemption is made in the Public Contracts Regulations.
There are two conditions for R&D exemption:
The authority should ensure the R&D services consist of at least one of the following activities:
Why is PCP still a relatively unused procedure in UK?
Due to the exemption, PCP can follow a light-touch procedure. However, it is also viewed as a long-term process. Authorities often do not have the budget and resource for an unknown outcome. In addition, it is discouraging that a multi-stage process cannot be used for the purchase of commercial volumes of products or services. Therefore, the resource to procure may outweigh the appetite to address the challenge.
Arguably, PCP is more appropriate to larger organisations as joint investment is required.
The new regulations (refer to Gate 2: The Procurement Act 2023) support and encourage the use of PCP; however, it is not a newly introduced concept. This procurement exemption applies to contracts primarily focused on the R&D process, including prototype development and testing phases, rather than the large-scale purchase of a finished product. While the regulations promote PCP, and can be included within a Competitive Flexible Procedure (for further information, refer to Gate 3: Routes to Market to Scale); the exemption does not apply if commercial scaling is involved.
The Subsidy Control Act 2022 regulates how public authorities provide financial assistance to businesses, ensuring fair competition by preventing any unfair advantages through subsidies. Subsidy control must be considered by universities, other higher education institutions, and research organisations (HEIs) receiving grant funding for research, development, or innovation projects (RD&I), entering into collaborations with commercial partners, or carrying out commercial activities.
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