Közbeszerzési Hatóság

23. §

23. §

1. This Article shall apply where, in addition to the cases referred to in Article 22, the different elements of a public contract are subject to different legislations, either because different provisions shall apply on the basis of this Act or because the public contract is partially not covered by this Act. In the case of contracting entities, the provisions set out in this Article shall apply, where all the elements of the public contracts, which are subject to different legislations, are intended for the pursuit of the contracting entity’s public service activity.

2. Where the different elements of a given contract are objectively not separable and they are necessarily the subject-matter of a single contract, the rules applicable to the conclusion of the contract shall be determined according to the main subject-matter of the public contract.

3. For the purposes of paragraph 2, in the case of contracts including elements of service concession as well as public supply, the main subject-matter of the public contract shall be determined on the basis of the estimated value of those respective services or supplies which represent the highest value.

4. Where the different elements of a given public procurement are objectively separable and the contracting authority concludes separate contracts for each element of the public procurement, the conclusion of each contract is subject to the rules concerning the subject-matter of the given contract.

5. Where the different elements of a given public procurement are objectively separable and the contracting authority chooses to award a single contract, the rules to be applied shall be determined on the basis of paragraphs (6)-(8).

6. Where the contract contains elements of a public contract and that of a contract which constitutes an exception to the application of this Act, the conclusion of the contract shall be subject to the rules on procurement procedures, irrespective of the proportion that the value of the contract elements excluded from the scope of this Act represents in the total value of the whole contract.

7. Where the contract contains the elements of a public contract as well as that of a works or service concession, a procurement procedure shall be conducted for the conclusion of the contract, if the value of the element of the contract concerning the public procurement in itself reaches the relevant threshold.

8. Where the contract contains elements of a works or service concession and that of a contract which constitutes an exception to the application of this Act, the conclusion of the contract shall be subject to the rules on concession award procedures, irrespective of the proportion that the value of the contract elements excluded from the scope of this Act represents in the total value of the whole contract.