(1) This Part shall not apply to the award of public contracts by public contracting authorities if these contracts have the following subject matter:
1. legal services that concern one of the following activities:
a) representation of a client by a lawyer in
aa) judicial or administrative proceedings before national or international courts, public authorities or institutions;
bb) national or international arbitration or conciliation proceedings;
b) legal advice given by a lawyer in preparation for a proceeding within the meaning of a) or where there are specific indications and a high probability that the matter to which the legal representation relates will become the subject of such a proceeding;
c) document certification and authentication services that must be provided by notaries;
d) activities of court-appointed conservators, guardians, caregivers, guardians ad litem, expert witnesses, administrators or other legal services, the providers of which are appointed by a court or are designated by law to carry out specific tasks under the supervision of such courts; or
e) activities that are at least in part concerned with the exercise of official authority;
2. research and development services, unless they involve research and development services which are covered by CPV codes 73000000-2 to 73120000-9, 73300000-5, 73420000-2 and 73430000-5 and for which
a) the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, and
b) the service is fully remunerated by the contracting authority.
3. the acquisition, development, production or co-production of programme material for audiovisual media services or radio media services if those contracts are awarded by audiovisual or radio media service providers or contracts for broadcasting time or programme provision if those contracts are awarded to audiovisual or radio media service providers;
4. financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, central bank services and transactions conducted with the European Financial Stability Facility and the European Stability Mechanism;
5. loans, whether or not in connection with the issue, sale, purchase or transfer of securities or other financial instruments; or
6. services awarded to a public contracting authority under Section 99 nos 1 to 3 that has an exclusive statutory or regulatory right to render the services.
(2) Nor shall this Part apply to public contracts and design contests for the principal purpose of permitting the public contracting authority to provide or operate public communications networks or to provide to the public one or more electronic communications services.