Call for tenders' details

Cooperative Intelligent Transport System EU Root Certification Authority includi...
Contracting authority:
European Commission, Joint Research Centre - Ispra (JRC-IPR)
TED publication date:
Time limit for receipt of tenders:
English (en) italiano (it)
Question details
IPR and Source Code
With reference to the Service Contract draft, section II.13.1 "The Union acquires irrevocably worldwide ownership of the results and of all intellectual property rights on the newly created materials produced specifically for the Union under the contract and incorporated in the results, without prejudice however to the rules applying to pre-existing rights on pre-existing materials, as per Article II.13.2." And the definition of Result: "‘Result’: any intended outcome of the performance of the contract, whatever its form or nature. A result may be further defined in this contract as a deliverable. A result may, in addition to newly created materials produced specifically for the contracting authority by the contractor or at its request, also include pre-existing materials;" Does the source code developed specifically for the system that provides the services qualify as a "result"?
The definition of "result" in section II.1. of the Service Contract draft refers to "any intended outcome etc." The use of the word "intended" must be interpreted as follows: in this particular call for tenders, the contracting authority has the objective to obtain the benefits of a service delivery, as further described in section I.2 (Subject Matter). The technical specifications do not mandate the distribution to the contracting authority of specific software, as long as the service is delivered according to the Contract. Therefore, even if developed specifically for the system that provides the services, the software (including the source code) does not qualify, in this case, as a "result" under the Service Contract.