Artikel 49

1. The programmes of construction projects necessary to cover the requirements of a force or of a civilian component shall be transmitted to the German authorities competent for Federal building by the authorities of the force or of the civilian component.
2. Construction works shall be carried out by the German authorities competent for Federal building in accordance with German legal provisions and administrative regulations in force, and in accordance with special administrative agreements.
3. Notwithstanding the provisions of paragraph 2 of this Article, the authorities of a force or of a civilian component may carry out, in accordance with special administrative agreements existing on the entry into force of the present Agreement or which are concluded or amended thereafter, in consultation with the German authorities
a) repairs and maintenance work,
b) construction works which require special security measures,
c) very minor construction works; and, in agreement with the German authorities
d) minor construction works,
e) exceptionally, construction works in other cases with their own personnel or by placing contracts direct with contractors. In carrying out such works, the authorities of the force or of the civilian component shall respect German building and environmental regulations and shall ensure, in co-operation with the German authorities referred to in paragraph 2 of this Article, that the necessary permissions are obtained. Furthermore they shall take into consideration the principles applying in the Federal Republic regarding public construction.
4. Vervallen.
5. The authorities of the force or of the civilian component and the German authorities shall agree concerning the form and extent of the consultation envisaged in paragraph 3 of this Article.
6. When the work referred to in paragraph 2 of this Article is carried out on behalf of a force or a civilian component by the German authorities,
(a) the authorities of the force or of the civilian component may, where they consider it necessary, participate in the drafting of the plans or may furnish plans and specifications themselves;
(b) the method of award of the contract and, in the case of limited tender, the number and identity of the contractors to be invited, shall be agreed between the German authorities and the authorities of the force or of the civilian component;
(c) the contract shall be awarded only after the authorities of the force or of the civilian component have given their consent in writing;
(d) the authorities of the force or of the civilian component shall be permitted to participate in inspections of building work and shall have access to building plans and all relevant documents and accounts;
(e) the German authorities shall, unless it is otherwise agreed, confirm to contractors the satisfactory completion of major sections of the work only in agreement with the authorities of the force or of the civilian component; in particular, the German authorities shall obtain the written consent of the authorities of the force or of the civilian component before releasing the contractor from his contractual obligations;
(f) the sending State shall reimburse the Federal Republic in respect of (i) any expenditure incumbent upon the Federal Republic under German law relating to public contracts, provided that expenditure arising from settlements out of court shall be reimbursed only if the force has consented to the settlement;
(ii) ex gratia payments made with the consent of the force;
(iii) expenditure, which cannot be charged to the contractor, arising from measures taken by the German authorities in cases of emergency in order to safeguard the interests of the force or of the civilian component;
(i) any expenditure incumbent upon the Federal Republic under German law relating to public contracts, provided that expenditure arising from settlements out of court shall be reimbursed only if the force has consented to the settlement;
(ii) ex gratia payments made with the consent of the force;
(iii) expenditure, which cannot be charged to the contractor, arising from measures taken by the German authorities in cases of emergency in order to safeguard the interests of the force or of the civilian component;
(g) the necessary funds shall be made available by the authorities of the force and of the civilian component in time to permit payment to be made on due dates;
(h) the authorities of the force or of the civilian component shall be entitled, in a manner to be agreed, to audit documents relative to payments made by the competent German payment agencies;
(i) the sending States shall compensate the German authorities, in accordance with administrative agreements, for the special services performed by the latter in connection with the implementation of construction works (construction planning, supervision and inspection).