(1) This Part shall not apply to the award of public contracts and concessions for
1. arbitration and conciliation services;
2. the acquisition, rental or leasing, by whatever financial means, of land, existing buildings or other immovable property or rights thereon;
3. employment contracts;
4. civil defence, civil protection, and danger prevention services that are provided by non-profit organisations or associations, and that are covered by Common Procurement Vocabulary (CPV) codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8, 98113100-9 and 85143000-3 except patient transport ambulance services; non-profit organisations or associations within the meaning of this number are the aid agencies recognised as civil and disaster protection organisations under federal or Land law.
(2) Nor shall this Part apply to public contracts and concessions
1. where the application of this Part would force the contracting authority to supply information in connection with the procurement procedure or the execution of the contract the disclosure of which it considers contrary to the essential interests of the security of the Federal Republic of Germany within the meaning of Article 346(1)(a) of the Treaty on the Functioning of the European Union; or
2. that fall within the scope of Article 346(1)(b) of the Treaty on the Functioning of the European Union.
Essential interests of security within the meaning of Article 346(1) of the Treaty on the Functioning of the European Union may be affected in particular where the public contract or the concession relates to key defence industry technologies. Furthermore, in the case of sentence 1 no 1, essential interests of security within the meaning of Article 346(1)(a) of the Treaty on the Functioning of the European Union may be affected in particular where the public contract or the concession relates
1. to key security industry technologies or
2. to services that
a) are intended for border protection, for combating terrorism or organised crime or for covert activities of police or security forces or
b) relate to encryption
and to the extent that a particularly high level of confidentiality is required.