PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 3PARTICULAR PROCUREMENT REGIMES

SECTION 7Social and Other Specific Services

Reserved contracts for certain services77

1

Contracting authorities may reserve to qualifying organisations the right to participate in procedures for the award of reservable public contracts.

2

For that purpose, a contract is a reservable public contract only if it is exclusively for one or more of the services which are covered by CPV codes 75121000-0, 75122000-7, 75123000-4, 79622000-0, 79624000-4, 79625000-1, 80110000-8, 80300000-7, 80420000-4, 80430000-7, 80511000-9, 80520000-5, 80590000-6, from 85000000-9 to 85323000-9, 92500000-6, 92600000-7, 98133000-4, and 98133110-8.

3

In this regulation, “qualifying organisation” means an organisation which fulfils all of the following conditions:—

a

its objective is the pursuit of a public service mission linked to the delivery of services referred to in paragraph (2);

b

profits are reinvested with a view to achieving the organisation's objective, and any distribution of profits is based on participatory considerations;

c

the structures of management or ownership of the organisation are (or will be, if and when it performs the contract) —

i

based on employee ownership or participatory principles, or

ii

require the active participation of employees, users or stakeholders; and

d

the organisation has not been awarded, pursuant to this regulation, a contract for the services concerned by the contracting authority concerned within the past 3 years.

4

The maximum duration of a contract awarded under this regulation shall not be longer than 3 years.

5

Where a contracting authority exercises the power of reservation conferred by paragraph (1), the call for competition shall make reference to F1this regulation.

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