Singapore legislation
Regulation 18
Regulation 18
Technical specifications
Subregulation 1
A contracting authority must not prepare, adopt or apply any technical specification or prescribe any conformity assessment procedure with a view to, or with the effect of, avoiding the application of these Regulations.
Subregulation 2
Technical specifications issued by a contracting authority must, where appropriate —
be in terms of performance and functional requirements rather than design or descriptive characteristics; and
be based on the applicable international standard or, if no such standard exists, on the applicable standard in Singapore.
Subregulation 3
Where design or descriptive characteristics are used in the technical specifications, a contracting authority should indicate, where 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.
Subregulation 4
The technical specifications must not refer —
to any goods —
bearing a particular trade mark or trade name;
using a particular patent, copyright, design or type;
produced by a particular producer;
supplied by a particular supplier; or
originating from a particular place; or
to any service —
bearing a particular trade mark or trade name; or
supplied by a particular supplier or a supplier from a particular place,unless the requirements of the procurement cannot be described in a manner that is sufficiently precise or intelligible, in which case the reference must be accompanied by the words “or equivalent”.
Subregulation 5
A contracting authority must not seek or accept, in a manner which will have the effect of precluding competition, advice which may be used in preparing technical specifications for a procurement, from a person who has or who is likely to have a commercial interest in the procurement.
Subregulation 6
A contracting authority may, in accordance with this regulation, prepare, adopt or apply technical specifications to promote the conservation of natural resources or protect the environment.