Közbeszerzési Hatóság

24. §

24. §

1. Notwithstanding the provisions set out in Article 22(5) and Article 23, this Act shall apply where the public contract consists of elements which are covered by this Act and elements which do not fall within the scope of this Act according to Article 9(1)(a) or (ba).

2. Where the different elements of a given public contract are objectively not separable and they are necessarily the subject-matter of a single contract,

  1. this Act shall not apply to the conclusion of the contract, if any element of the contract qualifies for the exemption laid down in Article 9(1)(ba) and the exemption specified in Article 9(1)(b) is available;
  2.  if any element of the contract is subject to Article 9(1)(a) and the case specified in point (a) does not occur, the Act on Defence and Security related Procurements shall apply.

3. 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.

4. Where the different elements of a given public procurement are objectively separable and the contracting authority chooses to award a single contract

  1. this Act shall not apply, if any element of the contract qualifies for the exemption laid down in Article 9(1)(ba) and the exemption specified in Article 9(1)(b) is available, on condition that there is an objective reason for executing the public procurement by the conclusion of a single contract;
  2.  if any element of the contract is subject to Article 9(1)(a) and the case specified in point (a) does not occur, the Act on Defence and Security related Procurements shall apply, on condition that there is an objective reason for executing the public procurement by the conclusion of a single contract.

5. The decision of the contracting authority on the conclusion of a single contract shall not be made with the intention of circumventing the provisions of this Act or the Act on Defence and Security related Procurements.