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Order Def/1453/2010, Of 25 May, Which Regulates The Procedure To Convene Processes Of Selection Of Projects Of R & D Of Interest To Defense, In The Field Of The Coincidental Program.

Original Language Title: Orden DEF/1453/2010, de 25 de mayo, por la que se regula el procedimiento para convocar procesos de selección de proyectos de I+D de interés para Defensa, en el ámbito del programa Coincidente.

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TEXT

The Ministry of Defense, aware of the high interest that small and medium-sized enterprises, universities and agencies of different public administrations assume the R & D issues, has been carrying out since their a policy for the development of own funds for R & D activities. This work has placed this ministerial department in line with its counterparts in the countries of the European Union regarding the incentive of scientific research and technological development.

The Program for Cooperation in Scientific Research and Development in Strategic Technologies (Coincident Program) aims to take advantage of technologies developed in the civil sphere that can be applied in projects of interest to the Ministry of Defence.

In this framework, the Ministry of Defense, in order to continue to remain at the forefront of R&D, considers it necessary to establish a procedure that allows it to obtain all possible information on the panorama, the most up-to-date In the case of all R & D projects which are being carried out in the various civil areas, particularly in certain technological areas, the ultimate intention is that, if they are of interest, the procedures for the implementation of the procurement necessary for its acquisition, in accordance with Law 30/2007 of 30 October of Contracts of the Public Sector, within the aforementioned Coincident program, and proceeding to its adaptation to military functions before incorporating them into weapons systems.

this provision is also intended to encourage companies, universities and bodies in different public administrations to reach a higher level of technology, which will also allow for the satisfaction of certain military capabilities.

In its virtue, I have:

Article 1. Object.

This ministerial order aims to regulate the basis of calls for the selection of R & D projects of interest to Defense, which can be included in the area of the Coincident program, in the areas of Technology of interest to the Ministry of Defense, and to be R & D projects aimed at the development of a demonstrator with military functionality.

Article 2. Competent body.

The Directorate General of Armament and Material (DGAM) is the management body of the Ministry of Defense competent to prepare the calls, proceed to its publication and select the projects of R & D of interest to the Defense in the terms of the previous article.

Article 3. Participants.

The following entities may be eligible for calls:

a) Companies,

b) universities,

c) private non-profit research centers,

d) technology centers,

e) the Public Bodies of Research defined and regulated by Law 13/1986 of 14 April 1986 on the promotion and general coordination of scientific and technical

,

(f) other entities governed by public law as provided for in Article 2 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, not mentioned above,

g) enterprise pools or associations,

h) other public or private bodies whose activity may be of interest to the Ministry of Defence and, in general,

i) all natural or legal persons with aptitude to contract with the public sector in the terms provided for in Law 30/2007, of October 30, of Public Sector Contracts and standards that develop it.

Article 4. Regulatory bases.

1. The call for submission of projects shall be made by means of a decision of the competent body to be published in the "Official State Gazette". You will also be given advertising on the Ministry of Defence's website (DGAM, R & D, Coincident Programme).

2. The call shall specify:

a) Technology areas of interest to Defense, depending on the needs of this Ministerial Department,

b) the documentation that must accompany the project to be presented and

(c) the dates on which the R & D projects are to be submitted

3. Projects must be a significant technological novelty, which satisfies a real or potential need of the Ministry of Defence.

4. The projects submitted may come from projects which have obtained funding or any other type of aid from any public or private body.

5. Proposals for R & D projects should be submitted in the register of the General Technology Subdirectorate and the DGAM Centres.

6. The documentation will be evaluated by the Technology Observation and Prospective System (SOPT) of the General Technology Subdirectorate and Centers (SDG TECEN). The SDG TECEN, taking into account the technical reports issued by the SOPT, will propose to the Director General of Armament and Material (DIGAM), those projects of interest to the Ministry of Defense, within the Coincident program.

Single additional disposition. Recruitment of projects.

1. The Director-General of Armament and Material, in the light of the proposal of the SDG TECEN, may initiate the necessary procurement procedures, in accordance with the provisions of Law 30/2007 of 30 October of Contracts of the Sector Public and standards that develop it.

2. In these contracts, in matters concerning intellectual and industrial property, the following considerations must be included:

(a) The Ministry of Defence shall give the right of use for the purpose of the contract for its own purposes.

b) In terms of intellectual and industrial property, the rights of the Ministry of Defense will be preserved, which will be proportional to their contribution.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this ministerial order.

Final disposition first. Grant of powers.

The Director-General of Armament and Material is empowered to give, in the field of his powers, the instructions and orders of service necessary for the fulfilment of this ministerial order, in order to the calls of offers of R & D projects likely to be included in the scope of the Coincident programme.

Final disposition second. Entry into force.

This ministerial order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, May 25, 2010. -Minister of Defense, Carme Chacón Piqueras.