(1) This Part shall not apply to the award of public contracts
1. that are granted by a sector contracting entity to an affiliated undertaking or
2. that are granted by a joint venture, formed exclusively by several sector contracting entities to carry out a sector activity, to an undertaking that is associated with one of these sector contracting entities.
(2) Within the meaning of subsection (1), an affiliated undertaking is
1. an undertaking the annual accounts of which are to be included with those of the contracting entity in a consolidated financial statement of a parent undertaking in accordance with Section 271(2) of the German Commercial Code [Handelsgesetzbuch] in line with the provisions on full consolidation, or
2. an undertaking that
a) can be subject to a direct or indirect controlling influence under Section 100(3) of the sector contracting entity,
b) can exercise a controlling influence under Section 100(3) on the sector contracting entity or
c) in conjunction with the contracting entity is, by virtue of the ownership structures, financial participation or rules governing said undertaking, subject to the controlling influence under Section 100(3) of another undertaking.
(3) Subsection (1) shall apply to contracts relating to supplies, works or services, if, taking into account all supplies, works or services provided by the affiliated undertaking in the preceding three years in the European Union, at least 80 per cent of the overall average turnover achieved by said undertaking in the particular sector derives from the provision of supplies, works or services for the sector contracting entity or other undertakings with which it is affiliated.
(4) If the same or similar supplies, works or services are provided by more than one undertaking affiliated and economically aligned with the sector contracting entity, the percentage figures shall be calculated in accordance with subsection (3), taking into account the total turnover achieved by these affiliated undertakings from the provision of the relevant supplies, works or services.
(5) If no turnover figures are available for the three preceding years, it shall be sufficient for the undertaking to show, by means of business activity projections for example, that the turnover target required under subsection (3) can be credibly achieved.