A purchaser who finds that a tender is abnormally low as a result of the tenderer having received State aid may reject the tender on this ground alone only if the tenderer is unable to demonstrate, within a sufficient period set by the purchaser, that the aid in question met the conditions of compatibility with the internal market defined in Article 107 of the Treaty on the Functioning of the European Union.
A purchaser who rejects a tender under these conditions shall inform the European Commission.