You are working as a government official at the Ministry of Justice of State X, which is a candidate country for EU accession. Your department is expected to submit a draft legislative act for the transposition of Directive 2011/83/EU into national law. You are wondering whether State X can introduce or maintain the following provisions:

"This Act shall notapply to contracts: (a) for social services, including social housing, childcare, support of families and persons permanently or temporarily in need, including long-term care, where those services are provided by a public entity and at a price significantly below the average market price charged for services of the relevant kind;...." (cf. Article 3 of Directive 2011/83/EU)