Innovation procurement should begin with a clearly identified unmet need and a sound understanding of the market. An innovation partnership is a particular procedure with legal conditions, not a general label for buying a modern product.
Understand what the market can supply
Use lawful market consultation to distinguish an available solution from genuine research and development. Describe the required outcomes and constraints without unnecessarily predetermining a supplier. If existing solutions can meet the need, another procedure may be more appropriate. Consultation should not create an unfair information advantage for a future bidder.
Structure development and purchase
Where an innovation partnership is justified, development phases, performance targets, payment and continuation decisions should fit together. Clarify what happens if a stage fails, costs increase or the expected result changes. The contemplated later purchase needs a proper place in the original structure; it is not an unlimited consequence of a successful experiment.
Allocate rights and risks
Intellectual property, access to results, reuse, confidentiality and commercial exploitation can influence price and competition. The buyer needs sufficient rights for the public purpose, while suppliers may have legitimate interests in wider use. Explain acceptance tests, information rights, termination and exit so that the innovation can be assessed rather than merely promised.
Start-up rules and pilots
Specific federal relaxations introduced in 2026 may be relevant where their conditions are met. They should not be transferred automatically to every authority. A small pilot must not be used to avoid the rules for a foreseeable larger procurement. Evaluate the whole intended arrangement, including options and subsequent roll-out.
Four practical examples
The following scenarios are illustrative, not reports of actual client matters. The outcome depends on the documents and circumstances of the individual procurement.
Example 1: Existing product
Market research finds suitable commercial systems. Reconsider whether a development partnership is justified. A desire for close collaboration with one supplier does not establish the statutory conditions.
Example 2: Phased development
A new sensor system is developed in stages. Set measurable milestones and lawful continuation or termination rules. This permits informed decisions before further funds are committed.
Example 3: Rights to results
A supplier wants to reuse the technology commercially. Define the buyer’s required rights and permitted exploitation clearly. Uncertainty can affect both competition and the practicality of later switching.
Example 4: Pilot becomes permanent
A successful trial is followed by a proposed nationwide roll-out. Check whether the original procurement lawfully covered it. Technical success alone does not authorise an indefinite direct continuation.
Related topics
AI in procurement and purchasing AI systems · IT and cloud procurement in Germany · Grant funding and procurement obligations
Discuss your procurement
For a review, please identify the authority, contract or lot, current procedural stage and any deadline. We can then clarify the scope of the requested work. Contact our team. An enquiry does not itself create a retainer or preserve a legal deadline.
Legal sources
Official legislation and materials, some in German: § 19 VgV – Innovationspartnerschaft · § 28 VgV – Markterkundung · § 7 VgV – Mitwirkung an der Vorbereitung · § 31 VgV – Leistungsbeschreibung
Updated 13 November 2026. Illustrative guidance on German and EU procurement law.