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Part 4 · Award of Public Contracts and Concessions  ›  Division 1 · General Principles, Definitions and Scope › Section 104

Public Contracts Relating to Defence or Security

(1) Public contracts relating to defence or security are public contracts for at least one of the following services:

1.  the supply of military equipment, including any related parts, components or assembly kits;

2.  the supply of equipment awarded under a classified contract, including any related parts, components or assembly kits;

3.  supplies, works and services directly connected with the equipment referred to in nos 1 and 2 in all phases of the equipment's life cycle; or

4.  works and services specifically for military purposes or works and services awarded under a classified contract.

(2) Military equipment is any equipment that is designed specifically for military purposes or adjusted to suit military purposes and destined to be used as a weapon, ammunition or war material.

(3) A classified contract within the meaning of this provision is a contract in the special field of non-military security which has similar characteristics and needs just as much protection as a contract on the supply of military equipment within the meaning of subsection (1) no 1 or as works or services that are specifically for military purposes within the meaning of subsection (1) no 4; and

1.  in the performance of which classified information under Section 4 of the German Act on the Prerequisites and Procedures for Security Clearance Checks Undertaken by the Federal Government [Sicherheitsüberprüfungsgesetz] or corresponding provisions on the level of the Länder is used; or

2.  which requires or contains classified information within the meaning of no 1.

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