S.L. 601.3 ст. 27Mixed procurement involving defence or security aspects. S.L. 601.07 S.L. 601.07 S.L. 601.07 S.L. 601.07 S.L. 601.07

(1) This regulation shall apply to cases of mixed contracts which have, as their subject matter, procurement covered by these regulations as well as procurement covered by Article 346 of the

TFEU or the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations.

(2) Where the different parts of a given public contract are objectively separable, contracting authorities may choose to award separate contracts for the separate parts or to award a single contract.

(3) Where contracting authorities choose to award separate contracts for separate parts, the decision of 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.

(4) Where contracting authorities choose to award a single contract, the following criteria shall apply to determine the applicable legal regime:

(a) where part of a given contract is covered by Article 346 of the TFEU, the contract may be awarded without applying these regulations, provided that the award of a single contract is justified for objective reasons;

(b) where part of a given contract is covered by the Public

Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations, the contract may be awarded in accordance with those regulations, provided that the award of a single contract is justified for objective reasons: Provided that this paragraph shall be without prejudice to the thresholds and exclusions provided for in the Public Procurement of Contracting Authorities or

Entities in the fields of Defence and Security Regulations.

(5) The decision to award a single contract shall not, however, be taken for the purpose of excluding contracts from the application of either these regulations or the Public Procurement of Contracting

Authorities or Entities in the fields of Defence and Security Regulations.

(6) The provisions of sub-regulation (4)(a) shall apply to mixed contracts to which both paragraphs (a) and (b) of sub-regulation (4) could otherwise apply.

(7) Where the different parts of a given contract are objectively not separable, the contract may be awarded without applying these regulations where it includes elements to which Article 346 of the TFEU applies; otherwise it may be awarded in accordance with the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations.

The Contract Value