L’innovazione attraverso i contratti pubblici. il c.d. innovation procurement

Contracts for innovation (so-called innovation procurement) can take many forms and models, which this study proposes to analyse, both with reference to the awarding procedures and contract types. Among the many tools available, the most appropriate model for achieving innovation can be identified after assessing the innovativeness of the good or service sought and its concrete characteristics. The objective of the administration that proposes to innovate, in line with the provisions of Article 1 of the Code, is that of the innovative result, which may take various forms and contents, and which must be understood as the best use of public funds allocated for this purpose. On the basis of the principle of trust set out in Article 2, administrations wishing to innovate are provided with flexible instruments, based on negotiations, which are based on a broad exercise of power. It is essential for them to be able to manage these flexible instruments which allow them to improve their information base through confrontation with private parties. In accordance with Article 1(2) of the Code, competition must be seen as functional to the outcome. All this presupposes an administration that is not only honest but also capable of achieving results. In the case of complex contracts and in the even more specific case of innovation contracts, which are very complex contracts, the capacity required must be much higher than that required of a generalist administration.