As regards the review and sharing of supplier solutions across the wider framework, review participants express concern that many current framework contracts:
■ Do not recognise the importance of intellectual property rights to supplier business models and do not take a balanced approach to the licensing and protection of those rights
■ Do not include joint decision-making machinery among clients, managers and suppliers which would enable the agreement of a fair and equitable approach to cross-framework adoption of improved solutions.
The evaluation and adoption of solutions submitted by suppliers in response to an outcome- based specification requires a clear understanding as to the licensing and protection of supplier intellectual property rights, and the Playbook states that:
■ 'It is important to create a common understanding of what IP is and how it might arise from the contract'
■ 'IP should be managed through the life of the contract with clear responsibilities set out in the contract' (p.26).
In order to attract supplier solutions, it is important to make clear in the framework procurement process and in the framework contract the ways in which clients and suppliers may agree to share those solutions for the benefit of the framework as a whole. The Playbook states that 'Trust is key and it is important that a mutually beneficial, open and collaborative approach is adopted during the process in sharing ideas and innovative solutions' (p.24).