(1) If the public procurement tribunal informs the contracting authority in writing about the application for review, the latter must not make the award prior to the decision of the public procurement tribunal and before the expiry of the time limit for a complaint pursuant to Section 172(1).
(2) The public procurement tribunal may allow the contracting authority, upon its application or upon application by the undertaking named by the contracting authority pursuant to Section 134 as the undertaking to be awarded the contract, to award the contract after the expiry of two weeks after the announcement of this decision if, taking into account all interests that may be impaired as well as the interest of the general public in the quick conclusion of the award procedure, the negative consequences of delaying the award until the end of the review outweigh the advantages involved. In its assessment, the public procurement tribunal shall take account of the interest of the general public in the contracting authority carrying out its tasks efficiently; where contracts relevant to defence or security within the meaning of Section 104 are concerned, special defence and security interests must additionally be taken into account. The special defence and security interests prevail as a rule where the public contract or the concession is directly associated with
1. a crisis,
2. a mandated deployment of the German Federal Armed Forces,
3. an obligation of the German Federal Armed Forces equivalent to a deployment or
4. an alliance commitment.
The public procurement tribunal shall also consider the overall prospects of the applicant of winning the award in the procurement procedure. The prospects of success of the application for review need not be taken into account in every case. The appellate court may, upon application, reinstate the prohibition of the award pursuant to subsection (1); Section 168(2) sentence 1 remains unaffected. If the public procurement tribunal does not allow the award, the appellate court may, upon application by the contracting authority, allow the immediate award subject to the conditions in sentences 1 to 4. Section 176(2) sentences 1 and 2 and Section 176(3) shall apply mutatis mutandis to the proceedings before the appellate court. An immediate appeal pursuant to Section 171(1) shall not be admissible against decisions taken by the public procurement tribunal under this subsection.
(3) If during the procurement procedure any rights of the applicant under Section 97(6) are jeopardised in another way than by the imminent award, the tribunal may, upon specific application, intervene in the procurement procedure through further preliminary measures. In doing so, it shall apply the evaluation criterion under subsection 2 sentence 1. This decision shall not be separately challengeable. The public procurement tribunal may enforce the additional preliminary measures under the administrative enforcement acts of the Federation and the Länder; the measures shall be immediately enforceable. Section 86a sentence 2 shall apply mutatis mutandis.
(4) If the contracting authority claims that the requirements of Section 117 nos 1 to 3 or Section 150 no 1 or 6 are fulfilled, the prohibition of the award pursuant to subsection (1) shall lapse five business days after service of a corresponding brief to the applicant; the public procurement tribunal shall serve the brief without delay after its receipt. The appellate court may, upon application, reinstate the prohibition of the award. Section 176(1) sentence 1, Section 176(2) sentence 1 and Section 176(3) and (4) shall apply mutatis mutandis.