Invitation To Negotiate
What is an Invitation To Negotiate (ITN)?
FFSP/FAES utilizing the ITN process in cultivar licensing
Newly developed cultivars, experimental lines, and plant germplasm are routinely approved for release through the University of Florida's Florida Agricultural Experiment Station (FAES). Florida Foundation Seed Producers, Inc.(FFSP), as a not-for-profit corporation and direct support organization of the University of Florida, is continuously seeking full-service companies to be strategic production and marketing cooperators in commercialization of a diverse portfolio of newly developed plant cultivars.
On high value crops, there are usually several companies that express an interest in an opportunity for an exclusive license for improved plant cultivars. The ITN is a process enabling FFSP, Inc. to fairly and objectively evaluate all commercial proposals and effectively identify superior companies to deliver new cultivars to the public. In return, the company will provide royalties back to FFSP, Inc. for reinvestment in the breeding and development of new improved cultivars at the FAES.
Principles
The three principles of the ITN process are as follows:
- What is good for the breeding program and the breeder?
- What is good for UF/IFAS?
- What is good for the State of Florida?
These three principles are addressed at all levels of discussion in the ITN process.
The ITN process encourages an open engagement of all interested parties. Companies, organizations, and individuals submitting either proposals or comments to the ITN will be evaluated consistently and fairly by a review committee made up of staff members of FFSP, Inc. and expert faculty advisors from FAES. The use of the ITN is triggered when a commercial entity communicates its wishes to engage in a new business opportunity for contracting plant germplasm or a plant cultivar by a limited exclusive license arrangement.
On the other hand, standard term non-exclusive licenses for released cultivars are also commonly awarded to multiple qualified companies or individual growers over a wide region. Non-exclusive licenses (multiple award of license) generally are not required to go through the ITN process. Examples of crop cultivars receiving standard non-exclusive licenses may include: Coleus, Caladium, Blueberry, Peanut, Peach, Plum, etc.
Through the ITN process, FFSP, Inc. hopes to secure the company that best meets the needs of the State of Florida, UF/IFAS, the FAES breeding program. Responders to the ITN will be evaluated using a consistent methodology, allowing review team members to weigh core elements and objectively evaluate multiple proposals. The ITN specifications objectively guide critical responses in a proposal and are designed to explore the projects commercial scope for a sustainable business, consistent with the necessity to deliver FAES plant breeding products and technology to the public. The ITN questions interested parties to briefly describe their prior experience and current business model. Respondents are asked to describe a plan of action concerning the new business opportunity. The ITN also requests details of marketing and production plans which will successfully deliver a sound commercial operation and ensure that sustaining royalties are returned to support the FAES breeding program. Initiation of an ITN and the participation by a company in an ITN process does not mean a license will be eventually awarded; only that responsive companies will receive consideration and a fair evaluation of proposals submitted.
At the conclusion of the ITN process, it is everyone’s hope that most details can be mutually agreed upon, resulting in an award of a marketing license to a qualified and successful commercial enterprise.
FFSP ITN
Florida Foundation of Seed Producers, Inc. "Invitation to Negotiate" webpage
Note: This document is intended to provide general information only and does not obligate FFSP to use the ITN process in all cases or to award a contract as a result of any ITN issued. Please refer to the terms and conditions of each ITN issued by FFSP for specific specifications and instructions.
