Art. 158. Research and development services

1. With respect to research and development services, the provisions set forth in this Code apply exclusively to contracts for research and development services identified by the CPV codes from 73000000-2 through 73120000-9, 73300000-5, 73420000-2 or 73430000-5, as long as both of the following conditions are met:

a) the results belong exclusively to the contracting authority or to the contracting entity, so that they can be used in the exercise of their activity;

b) the provision of the service is paid entirely by the contracting authority or the contracting entity.

2. The contracting authorities can use, in compliance with the principles set forth in Article 4 of this Code, pre-commercial public procurements intended to obtain results that do not exclusively regard the pre-commercial contracting authority or contracting entity for use in the exercise of their activity and for which the provision of the service is not entirely paid by the contracting authority or contracting entity, as defined in the European Commission Communication COM 799 (2007) of 14 December 2007, in cases in which the need cannot be met using solutions that are already available in the market.
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