art_85__para__2
However, a tender shall not be preferred to another pursuant to the first subparagraph where its acceptance would oblige the contracting entity to acquire equipment having technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance, or disproportionate costs.
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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as consolidated on 2026-01-01; changes after this date are not shown.