Art. 137. Offers containing products originating in third countries)

1. Without prejudice to the obligations taken in respect of third countries, this Article 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, exceeds 50 % of the total value of the products constituting the tender. In the case of no-refoulement of the tender in accordance with the provisions of this subparagraph, the contracting station duly motivates the reasons for the choice and forward them to the competent authority the supporting documentation. For the purposes of this Article, software used in telecommunications network equipment shall be regarded as products. paragraph modified by legislative decree no. 56/2017 in force from 20-5-2017

3. Subject to what provided for in this paragraph, third period, where two or more tenders are equivalent in the light of the contract award criteria defined in Article 95, preference shall be given to those tenders which may not be rejected pursuant to paragraph 2 of this Article. The value of those tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %.

4. For the purposes of this article, to determine the part of products originating in third countries referred to in paragraph 2, third countries are excluded, to which, by decision of the Council of the European Union pursuant to paragraph 1, the benefit of this code.
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