Regulation 31. Contracts which have as their subject-matter elements covered by these regulations as well as other elements

(1) In the case of contracts which have as their subject-matter elements covered by these regulations as well as other elements, contracting authorities and contracting entities may choose to award separate contracts for the separate parts. Where contracting authorities or contracting entities choose to award separate contracts for separate parts, the decision as to which legal regime applies to any one of such separate contracts shall be taken on the basis of the characteristics of the separate part concerned.

(2) Where contracting authorities or contracting entities choose to award a single contract, these regulations shall, unless otherwise provided in sub-regulation (3) or in regulation 33, apply to the ensuing mixed contract, irrespective of the value of the parts that would otherwise fall under a different legal regime and irrespective of which legal regime those parts would otherwise have been subject to.

(3) In the case of mixed contracts containing elements of concessions as well as elements of public contracts covered by the Public Procurement Regulations, or contracts covered by Public Procurement of Entities operating in Water, Energy, Transport and Postal Services Sectors Regulations, the mixed contract shall be awarded in accordance with the Public Procurement Regulations, or the Public Procurement of Entities operating in Water, Energy, Transport and Postal Services Sectors Regulations, respectively.