Proposal for a regulation
Article 7 – paragraph 1
Where the contracting authority/entity intends, under Article 69 of the Directive on public procurement or under Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors, after verifying the explanations of the tenderer, to accept an abnormally low tender comprising goods and/or services originating outside the Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, 1. For tenders comprising goods and/or services originating outside the Union, in which the value of the non-covered goods and/or services exceeds 50% of the total value of the goods or services constituting the tender, contracting authorities/entities shall require the economic operator concerned to explain the price or costs charged, where: (a) the price or cost charged is at least than 20% lower than the average price or costs of the remaining tenders; or (b) the price or cost charged is at least 20% lower than the price or costs of the second lowest tender. 2. The request for explanation under paragraph 1 shall, where applicable, relate in particular to following aspects: (a) economics of the construction method; (b) manufacturing process or the services provided; (c) technical arrangements; (d) originality of the work, supplies or services; (e) compliance with EU legislation; (f) State aids received by the tenderer during the last 3 years. 3. When an abnormally low tender is identified pursuant to paragraph 1, and without prejudice to the request for explanation, the contracting authority/entity shall inform the other tenderers of this in writing, including the reasons for the abnormally low character of the. 4. The contracting authority/entity shall verify the information provided by consulting the tenderer beforehand. 5. The contracting authority/entity shall reject the abnormally low tender where the evidence provided does not justify the low level of price or costs charged.