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Part 4 · Award of Public Contracts and Concessions  ›  Division 1 · General Principles, Definitions and Scope › Section 109

Exceptions for Awards Based on International Procedural Rules

(1) This Part shall not be applied where public contracts, design contests or concessions

1.  are to be awarded or executed according to procurement procedures that are laid down through

a)  a legal instrument creating international law obligations, such as an international accord or agreement, concluded in conformity with the EU treaties, between the Federal Republic of Germany and one or more countries that are not Contracting Parties of the Agreement on the European Economic Area or their subdivisions on covering supplies, works or services intended for the joint implementation or exploitation of a project by their signatories; or

b)  an international organisation; or

2.  are to be awarded in accordance with procurement rules provided by an international organisation or international financing institution, where the public contracts and design contests concerned are to be fully financed by that organisation or institution; in the case of public contracts and design contests co-financed for the most part by an international organisation or international financing institution, the parties shall agree on applicable procurement procedures.

(2) Section 145 no 7 shall apply to public contracts relating to defence or security and Section 150 no 7 to concessions in the fields of defence and security.

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