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S.L. 601.5 · Public Procurement Of Entities (S.L. 601.5)

S.L. 601.5 ст. 44Procurement covering several activities. S.L. 601.03 S.L. 601.09 S.L. 601.03 S.L. 601.03 S.L. 601.03 S.L. 601.09 S.L. 601.07

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(1) In the case of contracts intended to cover several activities, contracting entities may choose to award separate contracts for the purposes of each separate activity or to award a single contract.

(2) Where contracting entities choose to award separate contracts, the decision as to which rules apply to any one of such separate contracts shall be taken on the basis of the characteristics of the separate activity concerned.

(3) The choice between awarding a single contract or awarding a number of separate contracts shall not, however, be made with the objective of excluding the contract or contracts from the scope of application of these regulations or where applicable the Public

Procurement Regulations, or the Concession Contracts

Regulations.

(4) A contract which is intended to cover several activities shall be subject to the rules applicable to the activity for which it is principally intended.

(5) In the case of contracts for which it is objectively impossible to determine for which activity the contract is principally intended, the applicable rules shall be determined as follows:

(a) awarded in accordance with the Public Procurement

Regulations, if one of the activities for which the contract is intended is subject to these regulations and the other to Public Procurement Regulations;

(b) awarded in accordance with these regulations, if one of the activities for which the contract is intended is subject to these regulations and the other to the Public Procurement Regulations, for the award of concession contracts;

(c) awarded in accordance with these regulations, if one of the activities for which the contract is intended is subject to these regulations and the other is not subject to either these regulations, the Public Procurement Regulations, or the Public Concessions Regulations;

(d) notwithstanding the provisions of regulation 43, where contracting entities choose to award a single contract, the provisions of this sub-regulation shall apply;

(e) where one of the activities concerned is covered by Article 346 of the TFEU or the Public Procurement of

Contracting Authorities or Entities in the fields of Defence and Security Regulations, regulation 46 shall apply.