The purchaser may award a contract without prior advertising or competitive tendering where the works, supplies or services can only be provided by a specific economic operator, for one of the following reasons:
1° The purpose of the contract is the creation or acquisition of a unique work of art or artistic performance;
2° Technical reasons. This is particularly the case when acquiring or leasing a minority and inseparable part of a building to be constructed together with work to meet the needs of the purchaser which cannot be carried out by an economic operator other than the one responsible for carrying out the work on the main part of the building to be constructed;
3° The existence of exclusive rights, particularly intellectual property rights.
Recourse to a particular operator in the cases mentioned in 2° and 3° is only justified when there is no reasonable alternative and the absence of competition is not the result of an artificial restriction of the characteristics of the market.