Symptom
for L2->L3 via BVI, the EXP propagation was incorrectly based on the L2 derived value. so when the L3 route gets encapped over L3VPN, the EXP is incorrectly set. it should be derived from the L3 TOS value or remarked EXP-I value if Qos applied.
Workaround
a possible workaround is to match on L2 side with IP precedence and mark EXP-I with the same value.