Where a tender submitted in connection with the award of a supply contract by a contracting entity contains products originating in third countries with which the European Union has not concluded, within a multilateral or bilateral framework, an agreement ensuring comparable and effective access for European Union undertakings to the markets of those countries, or to which the benefit of such an agreement has not been extended by a decision of the Council of the European Union, the tender may be rejected where products originating in third countries represent the majority share of the total value of the products making up the tender, under conditions laid down by regulation.
Where two or more tenders are equivalent in terms of the award criteria, preference may be given to one of them under conditions laid down by regulation.