Chapter III: OFFERS SUBMITTED BY ECONOMIC OPERATORS OR COMPRISING PRODUCTS FROM THIRD COUNTRIES

For the application of Article L. 2153-2, a tender may be rejected if the proportion of products originating in third countries exceeds 50% of the total value of the products making up the tender. For the purposes of this article, software used in telecommunications network equipment is considered to be a product.

Where two or more tenders are equivalent in terms of the award criteria, preference is given to the tender that cannot be rejected pursuant to article R. 2153-3. Tenders are considered equivalent if the difference between their respective prices does not exceed 3%. However, this right of preference shall not be exercised where acceptance of the tender would oblige the contracting entity to acquire equipment with technical characteristics different from…

The list of countries and sectors covered, on the date of its publication, by an agreement mentioned in Article L. 2153-2 is specified as necessary by an order of the Minister responsible for the economy. This order also specifies, for a given country or sector, whether, depending on the content of these agreements, the commitments entered into include restrictions likely to prevent comparable and effective access for European Union companies…