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1. Actions may involve or have as their primary aim pre-commercial procurement or public procurement of innovative solutions that shall be carried out by beneficiaries which are contracting authorities or contracting entities as defined in Directives 2014/24/EU , 2014/25/EU and 2009/81/EC of the European Parliament and of the Council.

2. The procurement procedures for innovative solutions:

(a) shall comply with the principles of transparency, non-discrimination, equal treatment, sound financial management, proportionality and competition rules;

(b) in the case of pre-commercial procurement, may provide for specific conditions such as the place of performance of the procured activities being limited to the territory of the Member States and of the third countries participating in the Programme;

(c) may authorise the award of multiple contracts within the same procedure (multiple sourcing); and (d) shall provide for the award of the contracts to the tender(s) offering best value for money while ensuring the absence of conflicts of interest.

3. The contractor generating results in pre-commercial procurement shall own at least the intellectual property rights attached to the results. The contracting authorities shall enjoy at least royalty-free access rights to the results for their own use and the right to grant, or require the contractor to grant, non-exclusive licences to third parties to exploit the results for the contracting authority under fair and reasonable conditions without any right to sub-licence. If a contractor fails to commercially exploit the results within a given period after the pre-commercial procurement as identified in the contract, the contracting authorities may require it to transfer any ownership of the results to the contracting authorities.