Regulation 14. Tenders comprising products originating in third countries

(1) This regulation shall apply to tenders covering products originating in third countries with which the Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for Union undertakings to the markets of those third countries.

(2) Any tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9th October 2013, exceeds fifty per cent of the total value of the products constituting the tender.

(3) Software used in telecommunications network equipment shall be regarded as products.

(4) Subject to the provisions of sub-regulation (2), where two or more tenders are equivalent in the light of the contract award criteria defined in regulation 170, preference shall be given to those tenders which may not be rejected pursuant to sub-regulation (2). The prices of those tenders shall be considered equivalent for the purposes of this regulation if the price difference does not exceed three per cent.

(5) A tender shall not be preferred to another pursuant to the sub-regulation (1) where its acceptance would oblige the contracting entity to acquire equipment having technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance or disproportionate costs.

(6) For the purposes of this regulation, third countries to which the benefit of these regulations has been extended by a Council Decision in accordance with sub-regulation (1) shall not be taken into account for determining the proportion, referred to in sub-regulation (2), of products originating in third countries.