Art. 160. Mixed contracts regarding aspects of defense and security

1. The following provisions shall apply to mixed contracts involving contracts and concessions falling within the scope of this Code and contracts governed by article 346 TFEU or by Legislative Decree No. 208 of 15 November 2011.

2. If the different parts of a specific contract or concession are objectively severable, paragraphs 3 to 5 shall apply. If they are not separable, paragraph 6 applies.

3. If the contracting authorities choose to award a separate contract or concession for separate parties, the legal regime applicable to each of those separate contracts shall be determined based on the characteristics of the separate party.

4. If the contracting authorities choose to award a single contract or a single concession, the relevant legal regime shall be determined based on the following criteria:

a) If part of the contract or concession is governed by Article 346 TFEU, the single contract or the single concession may be awarded without applying this Decree or Legislative Decree No. 208 of 15 November 2011, provided that the respective awards are justified by objective reasons;

b) If a part of a contract or concession is governed by Legislative Decree No. 208 of 15 November 2011, the single contract or the single concession may be awarded in accordance with that Decree, provided that the respective awards are justified by objective reasons. They are subject to the thresholds and exclusions provided for by the same Legislative Decree.

5. The decision to award a single contract or a single concession may not be adopted in order to exclude the application of this Code or of Legislative Decree No. 208 of 15 November 2011.

6. If the different parts of a contract or concession are objectively non-separable, the contract or concession may be awarded without applying this Decree if it includes items to which Article 346 TFEU applies; otherwise, it may be awarded in accordance with Legislative Decree No. 208 of 15 November 2011.