(1) If a public contract covers several activities of which one activity constitutes a sector activity within the meaning of Section 102, separate contracts may be awarded for the purposes of each individual activity 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, that contract is covered by the provisions that apply to the activity for which the contract is primarily intended. If the contract is intended both for a sector activity within the meaning of Section 102 and an activity that includes defence or security aspects, Section 111(3) nos 1 and 2 shall apply mutatis mutandis.
(4) 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 of this Part.
(5) If it is objectively impossible to determine the activity for which the contract is principally intended, the award is subject to:
1. the provisions on the award of public contracts by public contracting authorities if one of the activities for which the contract is intended falls under those provisions;
2. the provisions on the award of public contracts by sector contracting entities if the contract is intended both for a sector activity within the meaning of Section 102 and for an activity that would fall within the scope of the provisions on the award of concessions;
3. the provisions on the award of public contracts by sector contracting entities if the contract is intended both for a sector activity within the meaning of Section 102 and for an activity that would fall neither within the scope of the provisions on the award of concessions nor within the scope of the provisions on the award of public contracts by public contracting authorities.
(6) If a concession covers several activities of which one activity constitutes a sector activity within the meaning of Section 102, subsections (1) to (4) shall apply mutatis mutandis. If it is objectively impossible to determine the activity for which the concession is principally intended, the award is subject to:
1. the provisions on the award of concessions by their grantors within the meaning of Section 101(1) no 1 if one of the activities for which the concession is intended is covered by those provisions and the other activity by the provisions on the award of concessions by their grantors within the meaning of Section 101(1) no 1 or Section 101(1) no 3.
2. the provisions on the award of public contracts by public contracting authorities if one of the activities for which the concession is intended falls under those provisions;
3. the provisions on the award of concessions if one of the activities for which the concession is intended is covered by those provisions and the other activity is covered neither by the provisions on the award of public contracts by sector contracting entities nor by the provisions on the award of public contracts by public contracting authorities.