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Part 4 · Award of Public Contracts and Concessions  ›  Division 1 · General Principles, Definitions and Scope › Section 106

Thresholds

(1) This Part applies to the award of public contracts and concessions as well as the organisation of design contests with an estimated contract value, exclusive of value-added tax, that reaches or exceeds the thresholds established in each case. Section 114(2) shall remain unaffected.

(2) The threshold in each case is derived

1.  for public contracts and design contests awarded by public contracting authorities, from Article 4 of Directive 2014/24/EU, as amended; the threshold derived therefrom for central government authorities is to be applied by all supreme federal authorities, all higher federal authorities and comparable federal institutions;

2.  for public contracts and design contests awarded by sector contracting entities for the purpose of carrying out a sector activity, from Article 15 of Directive 2014/25/EU, as amended;

3.  for public contracts relating to defence or security, from Article 8 of Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216 of 20/8/2009, p. 76), as amended;

4.  for concessions from Article 8 of Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94 of 28/3/2014, p. 1), as amended.

(3) The Federal Ministry for Economic Affairs and Energy shall announce the applicable thresholds without delay in the Federal Gazette after they have been published in the Official Journal of the European Union.

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