(1) In performing the public contract, undertakings must comply with all legal obligations applicable to them, in particular the obligation to pay taxes, charges and social security contributions, to comply with occupational health and safety rules and to grant employees at least those minimum working conditions, including the minimum wage, mandated for the respective performance under the Minimum Wage Act [Mindestlohngesetz], under a collective agreement declared to be universally applicable under the Collective Agreements Act [Tarifvertragsgesetz] with the effects of the Posted Workers Act, or under a statutory instrument issued under Section 7, Section 7a or Section 11 of the Posted Workers Act or under Section 3a of the German Temporary Employment Act [Arbeitnehmerüberlassungsgesetz].
(2) Public contracting authorities may, in addition, set special conditions for the performance of a contract (contract performance conditions), provided that they are related to the subject matter of the contract in accordance with Section 127(3). The contract performance conditions must arise from the contract notice or the procurement documents. They may in particular include economic, innovation-related, environmental, social or employment-related considerations or the protection of information confidentiality.