Technical Specifications

Mandatory Rules for Procurement by Departments

[ Last Updated 3 May 2006 ]

Technical Specifications⁷

19. Departments must not prepare, adopt or apply any technical specification with the purpose or effect of creating unnecessary obstacles to international trade or domestic supply.

20. Technical specifications prescribed by a department must, where appropriate:

be specified in terms of performance and functional requirements, rather than design or descriptive characteristics; and
be based on international standards, where applicable, or otherwise on national technical regulations, recognised national standards, or building codes.

21. Departments must not prescribe technical specifications that require or refer to a particular trademark or trade name, patent, design or type, specific origin or producer or supplier, unless there is no sufficiently precise or intelligible way of describing the procurement requirements and provided that, in such cases, words such as "or equivalent" are included in the tender documentation.

22. Departments must not seek or accept advice to be used in the preparation or adoption of any technical specification for a particular procurement from a person that may have an interest in that procurement, if to do so would prejudice fair competition.

⁷ Technical specification means a tendering requirement that:

sets out the characteristics of:
1. goods to be procured, such as quality, performance, safety and dimensions, or the process and methods for their production; or
2. services to be procured, or the processes or methods for their provision, including any applicable administrative provisions;
addresses terminology, symbols, packaging, marking or labeling requirements, as they apply to a good or service; or
sets out conformity assessment procedures prescribed by a department.