Definition
Technical Specifications
1. A procuring entity shall not prepare, adopt or apply any technical specification or
prescribe any conformity assessment procedure with the purpose or the effect of
creating unnecessary obstacles to international trade.
2. In prescribing the technical specifications for the goods or services being procured, a
procuring entity shall, if appropriate:
(a) set out the technical specification in terms of performance and functional
requirements, rather than design or descriptive characteristics; and
(b) base the technical specification on international standards, if they exist;
otherwise, on national technical regulations, recognised national standards or
building codes.
3. If design or descriptive characteristics are used in the technical specifications, a
procuring entity should indicate, if appropriate, that it will consider tenders of
equivalent goods or services that demonstrably fulfil the requirements of the
procurement by including words such as “or equivalent” in the tender
documentation.
4. A procuring entity shall not prescribe technical specifications that require or refer to
a particular trademark or trade name, patent, copyright, design, type, specific origin,
producer or supplier, unless there is no other sufficiently precise or intelligible way
of describing the procurement requirements and provided that, in such cases, the
entity includes words such as “or equivalent” in the tender documentation.
5. A procuring entity shall not seek or accept, in a manner that would have the effect of
precluding competition, advice that may be used in the preparation or adoption of
any technical specification for a specific procurement from a person that may have a
commercial interest in the procurement.
6. For greater certainty, a Party, including its procuring entities, may prepare, adopt or
apply technical specifications to promote the conservation of natural resources or
protect the environment, provided that it does so in accordance with this Article.
Tender Documentation
7. A procuring entity shall make available to suppliers tender documentation that
includes all information necessary to permit suppliers to prepare and submit
responsive tenders. Unless already provided in the notice of intended procurement,
such documentation shall include a complete description of:
(a) the procurement, including the nature and the quantity of the goods or services
to be procured or, if the quantity is not known, the estimated quantity and any
requirements to be fulfilled, including any technical specifications, conformity
assessment certification, plans, drawings or instructional materials;
(b) any conditions for participation of suppliers, including a list of information and
documents that suppliers are required to submit in connection with the
conditions for participation;
(c) all evaluation criteria the entity will apply in the awarding of the contract, and,
unless price is the sole criterion, the relative importance of that criteria;
(d) if the procuring entity will conduct the procurement by electronic means, any
authentication and encryption requirements or other requirements related to the
submission of information by electronic means;
(e) if the procuring entity will hold an electronic auction, the rules, including
identification of the elements of the tender related to the evaluation criteria, on
which the auction will be conducted;
(f) if there will be a public opening of tenders, the date, time and place for the
opening and, if appropriate, the persons authorised to be present;
(g) any other terms or conditions, including terms of payment and any limitation
on the means by which tenders may be submitted, such as whether on paper or
by electronic means; and
(h) any dates for the delivery of goods or the supply of services.
8. In establishing any date for the delivery of goods or the supply of services being
procured, a procuring entity shall take into account such factors as the complexity of
the procurement, the extent of subcontracting anticipated and the realistic time
required for production, de-stocking and transport of goods from the point of supply
or for supply of services.
9. The evaluation criteria set out in the notice of intended procurement or tender
documentation may include, among others, price and other cost factors, quality,
technical merit, environmental characteristics and terms of delivery.
10. A procuring entity shall promptly:
(a) make available tender documentation to ensure that interested suppliers have
sufficient time to submit responsive tenders;
(b) provide, on request, the tender documentation to any interested supplier; and
(c) reply to any reasonable request for relevant information by any interested or
participating supplier, provided that such information does not give that
supplier an advantage over other suppliers.
Modifications
11. If, prior to the award of a contract, a procuring entity modifies the criteria or
requirements set out in the notice of intended procurement or tender documentation
provided to participating suppliers, or amends or reissues a notice or tender
documentation, it shall transmit in writing all such modifications or amended or reissued
notice or tender documentation:
(a) to all suppliers that are participating at the time of the modification,
amendment or re-issuance, if such suppliers are known to the entity, and in all
other cases, in the same manner as the original information was made
available; and
(b) in adequate time to allow such suppliers to modify and re-submit amended
tenders, as appropriate.