Mixed ser\u00advices under pub\u00adlic pro\u00adcure\u00adment law exist if a pub\u00adlic con\u00adtract or con\u00adces\u00adsion is made up of dif\u00adfer\u00adent ser\u00advices, e.g. ser\u00advices and con\u00adstruc\u00adtion ser\u00advices or con\u00adstruc\u00adtion and sup\u00adply ser\u00advices. It is some\u00adtimes dif\u00adfi\u00adcult to deter\u00admine the pro\u00adce\u00addur\u00adal rules accord\u00ading to which such mixed con\u00adtracts must be award\u00aded. <\/p>\n
In the case of a mixed con\u00adtract, the pro\u00adce\u00addur\u00adal rules to be applied must be exam\u00adined very care\u00adful\u00adly. If the con\u00adtract\u00ading author\u00adi\u00adty choos\u00ades the wrong pro\u00adce\u00addur\u00adal rules, it com\u00admits a seri\u00adous pro\u00adcure\u00adment error. This applies in par\u00adtic\u00adu\u00adlar if the wrong thresh\u00adold val\u00adue is cho\u00adsen. For exam\u00adple, if the con\u00adtract\u00ading author\u00adi\u00adty wrong\u00adly assumes that a deliv\u00adery ser\u00advice worth \u20ac1,000,000 is in fact a con\u00adstruc\u00adtion ser\u00advice, it will award the con\u00adtract in accor\u00addance with nation\u00adal law, name\u00adly the first sec\u00adtion of VOB\/A. The con\u00adtract\u00ading author\u00adi\u00adty would have had to award the con\u00adtract on a Europe-wide basis. The con\u00adtract\u00ading author\u00adi\u00adty should have pub\u00adlished a Europe-wide con\u00adtract notice and award\u00aded the con\u00adtract in accor\u00addance with the Pub\u00adlic Pro\u00adcure\u00adment Ordi\u00adnance (VgV). <\/p>\n
Mixed con\u00adtracts con\u00adtain var\u00adi\u00adous ser\u00advices, e.g. ser\u00advices and sup\u00adplies. The legal nature of the con\u00adtract under pub\u00adlic pro\u00adcure\u00adment law is deter\u00admined by the ser\u00advices that form the main sub\u00adject mat\u00adter, see Sec\u00adtion 110 (1) GWB. The val\u00adue of the ser\u00advice can be an indi\u00adca\u00adtion, but the val\u00adue alone is not deci\u00adsive. <\/p>\n
Rather, the spe\u00adcif\u00adic objects of per\u00adfor\u00admance must be clear\u00adly defined in terms of type and scope. The main objects are the ser\u00advices that char\u00adac\u00adter\u00adize the con\u00adtract as such. Not, how\u00adev\u00ader, the oblig\u00ada\u00adtions of a sub\u00ador\u00addi\u00adnate or sup\u00adple\u00admen\u00adtary nature that mere\u00adly fol\u00adlow from the actu\u00adal sub\u00adject mat\u00adter of the con\u00adtract. <\/p>\n
\u00a7 Sec\u00adtion 111 GWB applies to con\u00adtracts and con\u00adces\u00adsions whose com\u00adpo\u00adnents are sub\u00adject to dif\u00adfer\u00adent legal reg\u00adu\u00adla\u00adtions. The pro\u00advi\u00adsion reg\u00adu\u00adlates the award of a mixed con\u00adtract if this con\u00adtract con\u00adtains dif\u00adfer\u00adent pro\u00adcure\u00adment com\u00adpo\u00adnents and these com\u00adpo\u00adnents fall under the scope of appli\u00adca\u00adtion of dif\u00adfer\u00adent EU pro\u00adcure\u00adment direc\u00adtives. In con\u00adtrast to Sec\u00adtion 110 GWB, the diver\u00adsi\u00adty of the com\u00adpo\u00adnents is not to be deter\u00admined pri\u00admar\u00adi\u00adly from a legal per\u00adspec\u00adtive, but rather with regard to geo\u00adgraph\u00adi\u00adcal demar\u00adca\u00adtions, tech\u00adni\u00adcal, orga\u00adni\u00adza\u00adtion\u00adal and logis\u00adti\u00adcal char\u00adac\u00adter\u00adis\u00adtics, as well as dif\u00adfer\u00aden\u00adti\u00adat\u00aded bid\u00adding mar\u00adkets. \u00a7 Sec\u00adtion 111 ARC is rel\u00ade\u00advant, for exam\u00adple, if one part of the con\u00adtract is sub\u00adject to the pro\u00advi\u00adsions on the award of con\u00adces\u00adsions and anoth\u00ader part is sub\u00adject to the pro\u00advi\u00adsions on the award of pub\u00adlic con\u00adtracts by con\u00adtract\u00ading author\u00adi\u00adties. <\/p>\n
The reg\u00adu\u00adla\u00adtions in Sec\u00adtion 111 GWB on which pro\u00adce\u00addur\u00adal rules apply when are quite com\u00adpli\u00adcat\u00aded. It often depends on the respec\u00adtive val\u00adue of the part of the con\u00adtract. <\/p>\n
Sec\u00adtion 112 GWB cov\u00aders con\u00adstel\u00adla\u00adtions in which one and the same pro\u00adcure\u00adment is intend\u00aded for the per\u00adfor\u00admance of dif\u00adfer\u00adent activ\u00adi\u00adties of the con\u00adtract\u00ading author\u00adi\u00adty and is there\u00adfore sub\u00adject to dif\u00adfer\u00adent pro\u00adcure\u00adment law regimes. Such a con\u00adstel\u00adla\u00adtion exists if the activ\u00adi\u00adty cov\u00adered by the con\u00adtract is part\u00adly a sec\u00adtor activ\u00adi\u00adty with\u00adin the mean\u00ading of Sec\u00adtion 102 GWB and is also intend\u00aded for the per\u00adfor\u00admance of anoth\u00ader activ\u00adi\u00adty with\u00adin the scope of anoth\u00ader direc\u00adtive, e.g. for defense and secu\u00adri\u00adty pur\u00adpos\u00ades or as part of gen\u00ader\u00adal pro\u00adcure\u00adment activ\u00adi\u00adties. <\/p>\n
The reg\u00adu\u00adla\u00adtions in Sec\u00adtion 112 ARC on when which pro\u00adce\u00addur\u00adal rules are to be applied are even more com\u00adpli\u00adcat\u00aded than in Sec\u00adtion 111 ARC. The applic\u00ada\u00adble rules of pro\u00adce\u00addure are deter\u00admined depend\u00ading on which activ\u00adi\u00adty coin\u00adcides with which oth\u00ader activ\u00adi\u00adty. <\/p>\n
If you, as a con\u00adtract\u00ading author\u00adi\u00adty or fund\u00ading recip\u00adi\u00adent, are not quite sure which reg\u00adu\u00adla\u00adtions you need to fol\u00adlow, sim\u00adply ask us.<\/p>\n
If you as an appli\u00adcant or bid\u00adder have the feel\u00ading that you are being denied more favor\u00adable pro\u00adce\u00addur\u00adal rules and the asso\u00adci\u00adat\u00aded bid\u00adder-pro\u00adtect\u00ading rights, please also con\u00adtact us direct\u00adly.<\/p>\n
For a non-bind\u00ading inquiry, please con\u00adtact one of our con\u00adtact per\u00adsons direct\u00adly by phone or e\u2011mail or use the con\u00adtact form.<\/p>\n","protected":false},"excerpt":{"rendered":"
Mixed ser\u00advices under pub\u00adlic pro\u00adcure\u00adment law exist if a pub\u00adlic con\u00adtract or con\u00adces\u00adsion is made up of dif\u00adfer\u00adent ser\u00advices, e.g. ser\u00advices and con\u00adstruc\u00adtion ser\u00advices or con\u00adstruc\u00adtion and sup\u00adply ser\u00advices. It is some\u00adtimes dif\u00adfi\u00adcult to deter\u00admine the pro\u00adce\u00addur\u00adal rules accord\u00ading to which such mixed con\u00adtracts must be award\u00aded. Incor\u00adrect clas\u00adsi\u00adfi\u00adca\u00adtion, seri\u00adous con\u00adse\u00adquences In the case of [\u2026]<\/p>\n","protected":false},"author":23,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"wp_typography_post_enhancements_disabled":false,"footnotes":""},"class_list":["post-21564","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/pages\/21564","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/users\/23"}],"replies":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/comments?post=21564"}],"version-history":[{"count":0,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/pages\/21564\/revisions"}],"wp:attachment":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media?parent=21564"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}