S.L. 601.9 Art. 35Concessions covering both activities referred to in Schedule 2 and activities involving defence or security aspects. S.L. 601.07 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 choose to 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 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 activity concerned.

(2) Notwithstanding the provisions of regulation 33, where contracting entities choose to award a single contract, sub-regulations (4), (5) and (6) shall apply.

(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 either of this regulation or the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations.

(4) In the case of contracts intended to cover an activity which is subject to these regulations and another which is -

(a) covered by Article 346 of the TFEU; or

(b) subject to the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations, the contracting entity may:

(i) award a contract without applying these regulations in the cases set out under paragraph (a); or

(ii) award a contract either in accordance with these regulations or in accordance with the Public

Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations, in the cases set out under paragraph (b): Provided that this sub-paragraph is without prejudice to the thresholds and exclusions provided for by Public

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

(5) Contracts referred to in sub-regulation (4)(b), which also include procurement or other elements which are covered by Article 346 of the TFEU, may be awarded without applying these regulations.

(6) However, it shall be a condition for the application of sub-regulations (4) and (5) that the award of a single contract is justified on 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.

Special Contracts Committee and Evaluation Committee