Közbeszerzési Hatóság

22. §

Mixed procurement

22. §

1. Contracts which have as their subject-matter two or more types of procurement subject to Article 8(2)-(4), shall be awarded in accordance with the provisions applicable to the type of procurement that characterises the main subject-matter of the contract in question.

2. For the purposes of paragraph 1, if a public contract consists partly of social and other specific services within the meaning of Annex 3 and partly of other services or a public contract consists partly of services and partly of supplies, the main subject shall be determined on the basis of the value of those respective services or supplies which represent the highest value.

3. Concessions which have as their subject-matter both works and services or several types of services shall be awarded in accordance with the provisions applicable to the type of concession that characterises the main subject-matter of the contract in question.

4. For the purposes of paragraph 3, if a service concession consists partly of social and other specific services listed in Annex 3 and partly of other services, the main subject-matter shall be determined on the basis of the value of those respective services which represent the highest value.

5. In the case of contracts consisting partly of a public service activity pursued by the contracting entity and partly of an activity other than the entity’s public service activity, the contracting entity may choose to

  1. award separate contracts for separate elements of the procurement; in this case, the rules applicable to the separate element in question shall be applied respectively to each separate contract, or
  2. to award a single contract; in this case, the rules applicable to the activity which constitutes the primary objective of the contract shall be applied.

The choice under this paragraph shall not be made with the intention of circumventing the provisions of this Act.

6. If, in the case provided for in paragraph 5(b), the activity constituting the primary objective of the public contract may not be identified

  1. where one of the elements of the public contract is covered by Part Two or Part Three, while another element of the public contract would be covered by the separate act of legislation according to Article 21(4), the general rules of procedure specified in this Act shall be applied (Part Two or Part Three);
  2. where one of the elements of the public contract is covered by the separate act of legislation according to Article 21(4), while another element of the contract, which is intended for purposes other than the pursuit of the contracting entity’s public service activity, would be covered by Part Four, the contracting entity shall apply the provisions set out in the separate act of legislation according to Article 21(4);
  3. where one of the elements of the public contract is covered by the separate act of legislation according to Article 21(4), while another element of the contract, which is intended for purposes other than the pursuit of the contracting entity’s public service activity, does not fall within the scope of this Act, the contracting entity shall apply the provisions set out in the separate act of legislation according to Article 21(4);
  4. in the case of works or service concessions, where one of the elements of the concession would be covered by the rules applicable to contracting entities, while another element of the concession would be covered by the rules applicable to contracting authorities specified in Article 5(1), i.e. not acting as contracting entities, Part Four shall be applied according to the rules pertaining to contracting authorities specified in Article 5(1), i.e. not acting as contracting entities;
  5. where one of the elements of the public contract, which is intended for the pursuit of the contracting entity’s public service activity, would be covered by Part Four, while another element of the public contract, which is intended for purposes other than the pursuit of the contracting entity’s public service activity, would be covered by Part Two or Part Three, the general rules of procedure specified in this Act shall be applied (Part Two or Part Three);
  6. where one of the elements of the public contract, which is intended for the pursuit of the contracting entity’s public service activity, would be covered by Part Four, while another element of the public contract, which is intended for purposes other than the pursuit of the contracting entity’s public service activity, does not fall within the scope of this Act, Part Four shall apply.

7. For the purposes of Articles 22-24, the term ‘procurement procedure’ shall not include concession award procedures.