The research and development contracts in the recast text of the Contract Law of Public sector

Abstract

The research and development contract is a typical  public sector contract as set out in Annex II of Royal Legislative Decree 3/2011, of November 14, approving the consolidated text of the Contract Law of the Public Sector, (TRLCSP, hereafter) as a category of service contract, and therefore, included in its objective scope. However, this statement that a priori seems simple is full of nuances and exceptions throughout the article that make the R&D contract one of those of more complex regulation and, therefore, prone to generate confusion and consequently large doses of legal insecurity.

In this article the different figures of R&D contracts in the mentioned in the consolidated text are analyzed, making a first delimitation elementary of excluded contracts and contracts included in the law, to analyze then the differentiating elements of each categories that It will be essential to establish the rules and procedure to follow regarding the tender publicity and how to award the contract.