(1) If the various parts of a public contract are each covered by different legal regimes and are objectively separable, separate contracts may be awarded for each part or a whole contract may be awarded.
(2) If separate contracts are awarded, each individual contract shall be awarded according to the provisions that are applicable to its characteristics.
(3) If a whole contract is awarded,
1. the contract can be awarded without applying this Part where part of the contract satisfies the requirements of Section 107(2) nos 1 or 2 and the award of a whole contract is justified for objective reasons;
2. the contract can be awarded in accordance with the provisions on the award of contracts relating to defence or security where part of the contract is covered by those provisions and the award of a whole contract is justified for objective reasons;
3. the provisions on the award of public contracts by sector contracting entities are to be applied where part of the contract is covered by those provisions and the value of that part is equal to or exceeds the applicable threshold; this shall also apply where the other part of the contract is covered by the provisions on the award of concessions;
4. the provisions on the award of public contracts by contracting authorities are to be applied where part of the contract is covered by the provisions on the award of concessions and another part of the contract by the provisions on the award of public contracts by public contracting authorities and the value of that part is equal to or exceeds the applicable threshold;
5. the provisions of this Part are to be applied where part of the contract is covered by the provisions of this Part and another part of the contract is covered by provisions outside of this Part; this shall apply irrespective of the value of the part that would be covered by other provisions outside of this Part and irrespective of their legal regime.
(4) If the various parts of a public contract that are each covered by different legal regimes and are objectively not separable,
1. the contract shall be awarded in accordance with the provisions with which the principal subject matter is associated; if the contract contains elements of a services concession and a supply contract, the principal subject matter shall be determined according to which of the estimated values of the respective services or supplies is higher.
2. the contract may be awarded without application of the provisions of this Part or pursuant to the provisions on the award of public contracts relating to defence or security where the contract contains elements to which Section 107(2) nos 1 or 2 apply.
(5) The decision to award a whole contract or separate contracts may not be made for the purpose of excluding the contract award from the provisions on the award of public contracts and concessions.
(6) Subsections (1) and (2), subsection (3) nos 1 and 2 and subsections (4) and (5) shall apply mutatis mutandis to the award of concessions.