S.L. 601.3 ст. 26Mixed procurement. S.L. 601.05

(1) Contracts which have as their subject two or more types of procurement, whether works, services or supplies, all of which are covered by these regulations, shall be awarded in accordance with the provisions applicable to the type of procurement that characterises the main subject of the contract in question.

(2) In the case of mixed contracts which have as their subject-matter different types of procurement, all of which are covered by these regulations, consisting partly of services within the meaning of regulation 162 and partly of other services or of mixed contracts consisting partly of services and partly of supplies, the main subject shall be determined in accordance with which of the estimated values of the respective services or supplies is the highest.

(3) In cases of mixed contracts which have as their subject-matter procurement covered by these regulations and procurement covered by other legal regimes and where the different parts of a given contract are objectively separable the following shall apply:

(a) contracting authorities may choose to award separate contracts for the separate parts or to award a single contract. Where contracting authorities choose to award separate contracts for separate parts, the decision as to which legal regime applies to any one of such separate contracts shall be taken on the basis of the characteristics of the separate part concerned;

(b) where contracting authorities choose to award a single contract, these regulations shall, unless otherwise provided in regulation 27, apply to the ensuing mixed contract, irrespective of the value of the parts that would otherwise fall under a different legal regime and irrespective of which legal regime those parts would otherwise have been subject to;

(c) in the case of mixed contracts containing elements of supply, works and service contracts and of concessions, the mixed contract shall be awarded in accordance with these regulations, provided that the estimated value of the part of the contract which constitutes a contract covered by these regulations calculated in accordance with regulations 28, 29, 30, 31 and 32, is equal to or greater than the relevant threshold set out in Schedule 5.

(4) In the case of contracts which have as their subject-matter both procurement covered by these regulations and procurement for the pursuit of an activity which is subject to the Public Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations, the applicable rules shall be determined by regulations 5 and 6 of the Public Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations, and this notwithstanding the provisions of sub-regulation (3) of this regulation.

(5) Where the different parts of a given contract are objectively not separable, the applicable legal regime shall be determined on the basis of the main subject-matter of that contract.