S.L. 601.5 ст. 46Procurement covering several activities and involving defence or security aspects. S.L. 601.07 S.L. 601.07 S.L. 601.07

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

Where contracting entities 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 activity concerned.

(2) Where contracting entities choose to award a single contract, the provisions of sub-regulation (3) shall apply. The choice between awarding a single contract and awarding a number of separate contracts shall not be made with the objective of excluding the contract or contracts from the scope of these regulations or the Public Procurement of Contracting Authorities or

Entities in the fields of Defence and Security Regulations.

(3) In the case of contracts intended to cover an activity which is subject to these regulations and another which is subject to the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations, the contract may be awarded in accordance with the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations: Provided that the provisions of this sub-regulation shall be without prejudice to the thresholds and exclusions for which the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations provides.

(4) In the case of contracts intended to cover an activity which is subject to these regulations and another which is covered by Article 346 of the TFEU the contract may be awarded without applying these regulations.

(5) Contracts as set out under sub-regulation (3), which in addition include procurement or other elements which are covered by Article 346 of the TFEU, may be awarded without applying these regulations.

(6) The application of sub-regulations (3), (4) and (5) is subject to the condition that the award of a single contract is justified for objective reasons and the decision to award a single contract is not taken for the purpose of excluding contracts from the application of these regulations.

Contract Value