Procurement in the Space Sector

• Published in: Contracting for Space pp. 183 - 203
• Main Author: Heinrich, Oliver
• Format: Book Chapter
• Language: English
• Published: Routledge 2011
• Edition: 1
• Subjects: International Law; Contracting Authority; Public Procurement Procedures; Public International Law; EU Procurement; CPAF; EU Body; EU Rule; Non-competitive Tendering; Private Economic Operators; Open Competitive Tender; Procurement Process; CISG; Contract Notice; ESA Convention; EU Law; IAC; Competitive Dialogue Procedure; Space Sector; Upcoming Procurement; Acta Astronautica; GMES; ESA Council; Procurement Procedures; European Space Policy
• ISBN: 1409419231; 9781138247833; 9781409419235; 1138247839
• DOI: 10.4324/9781315574073-19

This chapter deals with the Research and Development Contracts. The purpose of the research and development contract is the carrying out of the pre-defined development performance and the granting of access rights to the research results in return for remuneration. The research and development contract underlies various legal provisions depending on the underlying law order and content of the performance owed. The subject matter of the contract can differ completely depending on the objective and form of the project. Regulations concerning warranty and liability initially depend on the legal character of the contract and the underlying statutory law. Almost every Research and Development (R&D) project requires the non-disclosure of certain confidential contents. In contrast to research and development contracts, co-operation agreements regularly contain competition agreements. In order to differentiate the consortium agreement from the co-operation agreement just described, only those co-operations are addressed that are concluded in operational relationship to public funding.