(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.