The rules defined in Title II apply to public contracts which, on the one hand, are concluded by a contracting entity with an affiliated undertaking or by a body formed exclusively by several contracting entities with a view to carrying out one or more network operator activities with an undertaking affiliated to one of these contracting entities and, on the other hand, have the following characteristics:
1° Public service contracts where the affiliated undertaking has achieved, over the three years preceding the year in which the contract is awarded, at least 80% of its average turnover in services with the contracting entity or with other undertakings with which the latter is affiliated;
2° Public supply contracts where the affiliated undertaking has achieved at least 80% of its average turnover in supplies with the contracting entity or with other undertakings to which it is affiliated during the three years preceding the year in which the contract is awarded;
3° Public works contracts where the affiliated undertaking has achieved at least 80% of its average turnover in works with the contracting entity or with other undertakings to which it is affiliated during the three years preceding the year in which the contract is awarded.
Where the affiliated undertaking was created or began operating less than three years before the year in which the public contract is awarded, it may simply demonstrate, in particular by means of business projections, that it is likely to achieve its turnover under the conditions set out in 1°, 2° and 3° above.
When identical or comparable services, supplies or works are provided by more than one undertaking linked to the contracting entity, the percentage of 80% mentioned above is assessed by taking into account all the services, supplies or works provided by these undertakings.