What's new for special sectors?

Most important change: the text merges both orders which were applicable up until now. From now on, a single regime is applicable: private special sectors will be subject to the same rules as public special sectors! However, one significant difference remains: single regime is not applicable to public contracts whose estimated value is below the thresholds for European publication when the contracts in question are approved:

• by public companies for contracts which do not relate to their public service missions within the meaning of a law, decree or order;

• by persons benefiting from special or exclusive rights or

• by contracting authorities for contracts relating to the production of electricity.

Furthermore, the text sets out that:

• the contracting authority benefits from a wide margin of appreciation, through the contract documentation, for repealing other provisions (notably in terms of selection criteria);

• the threshold allowing for the activation, without any other justification, of a procedure regarding supplies and services negotiated without prior call for tenders, generally increases from €170,000 to €418,000.

Lastly, we shall note that, if we refer to the traditional sectors, the following have not been included:

• the "conflicts of interest– turnstile" provision, in order to allow for the mobility of workers in these particular sectors;

• the advance checking of quotes has been "simplified", in the sense that a contracting authority will not be obliged to verify the existence of social security and tax debts and, if and where appropriate, the existence of corrective measures.