When preparing the tender documentation it is necessary to ensure that the specifications for the product are non-discriminatory. Specifications should be performance based to stimulate competition and innovation.
The technical specifications should be defined by reference to any European specifications which are relevant. References, which have the effect of favouring or eliminating particular suppliers, contractors, products or services should be avoided. Where a relevant European standard is not available, the Regulations permit the following (listed in order of preference)
- British Technical Specifications recognised as complying with the basic requirements in any Council Directive on technical harmonisation or those relating to design and method of calculation and execution of a work or works and use of material and goods;
- British Standard implementing International Standards
- Other British standards
- Any other standards
Where a bidder submits a product to an alternative standard, it is up to the bidder to demonstrate the equivalence of the standard. However, the contracting authority must also give reasons where equivalence is not accepted.
There are instances where it is permissible to derogate (deviate) from the prescribed hierarchy of specifications. Again, like other exceptions, these are clearly defined. For example, where there exists a statutory duty in relation to, say, health and safety; technical reasons of conformance; incompatibility or disproportionate technical differences or disproportionate costs; or innovative reasons.
Special conditions relating to the performance on a contract may be specified, provided they are compatible with European law. Special conditions can relate to sustainability criteria and there is explicit provision for disabled people by requiring consideration of disabled access arrangements wherever possible.
Note: It is not normally permitted to use brand names, sources of supply, trade marks, patent types, origins or other means of production when writing specifications. The exception is when the goods and services cannot otherwise be described by reference to technical specifications that are sufficiently precise and intelligible to all suppliers. In these cases, the brand names etc. must be accompanied by the words "or equivalent".
Further detailed information is available on
- Technical specifications [EU] (OGC)
- Driving Innovation through Public Procurement (OGC) August 2009
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