Article 141. Scope and applicable rules.

1. The provisions of this Book apply to contracting authorities or granting bodies that carry out one of the activities envisaged by articles 146 to 152. The provisions of this Book also apply to other entities that include among their activities one or more among those provided for in articles 146 to 152 and operate by virtue of special or exclusive rights. 2. Public companies and entities holding special or exclusive rights apply the provisions of this Book only for contracts that are instrumental from a functional to one of the activities envisaged by articles 146 to 152. 3. In addition to its provisions, the following apply to the contracts referred to in this Book: a) Book I, Part I, Title I, except article 6; b) in the context of Book I, Part I, Title II, Articles 13, 14, 16, 17 and 18. Article 15 applies only to contracting authorities and granting entities which are contracting authorities; c) Book I, Part II; d) within the framework of Book I, Part IV, articles 41, 42, 43, 44, 45 and 46; e) within the framework of Book II, Part II, articles 57 , 60 and 61; f) within the framework of Book II, Part III, Title I, article 64; g) within the framework of Book II, Part III, Title II; h) within the Book II, Part V, Title IV, Chapter II applies within the limits set out in articles 167, 168 and 169; i) within the scope of Book II, Part VI, articles 113, 119, 120 and 122. 4. Public companies and entities holding special or exclusive rights have the right to adopt their own acts, with which they can preventively: a) establish and manage qualification systems for economic operators; b) provide a regulation for adapting the functions of the RUP to its organisation; c) specify the notion of variant during construction according to the specific needs of the market to which it belongs and the characteristics of each sector, in compliance with the principles and rules of European Union law. 5. The contracting authorities or granting bodies may determine the size of the subject of the contract and the lots into which it may be divided, without the obligation of aggravated justification and taking into account the needs of the special sector in which they operate. In the case of subdivision into lots, the contracting authorities or granting bodies indicate in the tender notice, in the invitation to confirm interest or, when the means of calling for tenders is a notice on the existence of a qualification system, in the invitation to submit offers or negotiate, if offers can be submitted for one, for several or for all lots. EFFECTIVE FROM: 1 July 2023