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 those of the equipment it already possesses and would result in incompatibility or technical difficulties in use or maintenance or disproportionate costs.