Article 135. Research and development services.

1. With regard to research and development services, the provisions of the code apply exclusively to contracts relating to the services referred to in Annex II.19, provided that: a) the results belong exclusively to the contracting authority, to be destined for the 'exercise of its activity; b) the provision of the service is fully paid by the contracting authority. 2. The contracting authorities may resort, in application of the principles referred to in articles 1, 2 and 3, to pre-commercial public procurement, which comply with the conditions of letters a) and b) of paragraph 1, when: a) they are intended for the achievement of results which do not belong exclusively to the contracting authority, which uses them in the exercise of its activity; b) the provision of the service is not fully paid by the contracting authority; c) the need cannot be satisfied by using solutions already available on the market. 3. Upon first application of the code, the annex referred to in paragraph 1 is repealed starting from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law 23 August 1988, n. 400, with decree of the Minister of University and Research in agreement with the Minister of Business and Made in Italy, which replaces it entirely also as an annex to the code. EFFECTIVE FROM: 1 July 2023


REPORT Article 135 regulates the awarding of research and development services and pre-commercial procurement. The provision in question does not present substantial innovations compared to what is ...


NEW • It has been decided to include a list of the sectors involved in Annex II.19. • The requirements in the presence of which contracting authorities can resort to pre-commercial procurement are i...
Condividi questo contenuto: