These areas are exempt from the rules where competitive conditions apply. However the onus is still on contracting authorities to secure best value for money. In such cases direct exposure to competition is more likely to be decided on criteria such as :
|●||The characteristics of the goods or services concerned|
|●||The existence of alternative goods or services|
|●||The actual or potential presence of more than one supplier of the goods or services concerned.|
When deciding on making an exemption, contracting authorities will need to make and note an explanation as to why this is the case. The exemptions are very narrowly interpreted by the EU and the ECJ.