Driving Innovation in Costa Rica's Public Procurement

Introduction

The Public Procurement Law and its regulations in Costa Rica have introduced significant measures to promote innovation in the acquisition of goods, works, or services. Article 22 highlights the importance of innovative public procurement, defining it as the acquisition of new or improved solutions that more effectively meet the public interest. This article will closely examine the types of innovative public procurement outlined in Articles 60, 61, and 62, emphasizing their impact on fostering innovation and efficiency in public procurement processes.

Summary

Innovative public procurement focuses on acquiring novel or improved solutions to more efficiently satisfy the public interest. Specific types of innovative procurement, such as pre-commercial, integrated, and final solutions procurement, are introduced in Articles 60, 61, and 62, each with unique requirements and procedures. Additionally, Article 63 highlights the possibility of incentives for bidders participating in calls under this modality, and Article 65 underscores the importance of the specifications document in regulating this process.

Innovative Public Procurement

Article 22 of the General Public Procurement Law establishes the essence of innovative public procurement, emphasizing its focus on new or significantly improved solutions. The Administration must evaluate substantial improvements in service delivery and have trained technical personnel.

Types of Innovative Public Procurement

a) Pre-Commercial Innovative Public Procurement:

• Involves research and development (R&D) services, including prototype creation or initial production tests.
• Does not cover the purchase of final solutions in the commercial phase.
• Includes processes of adjustment, adaptation, and improvement for innovative solutions in the national or local market.

b) Integrated Innovative Public Procurement:

• Combines pre-commercial procurement with the acquisition of final solutions in the commercial phase.
• Includes contracting R&D along with a commercial volume of final solutions.

c) Innovative Public Procurement of Final Solutions Prior to the Commercial Phase:

• Focuses on acquiring final solutions before their commercial launch.
• Requires accreditation of innovation in the procurement file.

Preliminary Aspects of the Procedure

Article 64 establishes the essential preliminary aspects before initiating the innovative public procurement procedure in Costa Rica. Before calling for proposals, the Administration must coordinate with the Costa Rican Innovation and Research Promoter and hold a preliminary hearing to define the technical aspects of the solution.

The formal initiation of the procurement process requires documenting the need for innovative solutions, considering key elements such as present and future needs, required innovation phases, temporal feasibility of the solution, analysis of advantages and disadvantages, formation of multidisciplinary teams, identification of suppliers, definition of functionalities, and consideration of key indicators.

Additionally, it is crucial to define conditions regarding industrial and intellectual property rights, the specific type of innovative procurement to be conducted, and possible financing requirements. These elements are fundamental to ensuring that innovative public procurement is effective, sustainable, and aligned with the Administration's objectives.

Innovation Parameters

Article 61 emphasizes the importance of establishing mechanisms to determine innovation criteria in strategic public procurement. This must align with the objectives of the National Public Procurement Plan and innovation and technological transformation policies.

Incentives for Innovation

Article 63 introduces the possibility of offering incentives to bidders participating in calls under innovative public procurement. This aims to stimulate active participation and the presentation of innovative proposals.

The Role of the Specifications Document

Article 65 underscores the importance of the specifications document, emphasizing that it should address functionality and performance criteria. Collaboration with the Costa Rican Innovation and Research Promoter can be key in this process, and the need to establish standard clauses is emphasized.

Conclusions

The incorporation of specific types of innovative public procurement into Costa Rican legislation reflects a commitment to continuous improvement and efficiency in public procurement processes. These types offer the Administration various options to address specific innovation needs, encouraging active participation from the private sector and promoting the development of advanced solutions. The inclusion of incentives and collaboration with specialized entities further strengthens this legal framework, positioning Costa Rica as a benchmark in promoting innovation in public procurement.