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Agreement on Government Procurement
World Trade Organization
Article VI: Technical Specifications
- Technical specifications laying down the characteristics
of the products or services to be procured, such as quality, performance,
safety and dimensions, symbols, terminology, packaging, marking and
labelling, or the processes and methods for their production and requirements
relating to conformity assessment procedures prescribed by procuring
entities, shall not be prepared, adopted or applied with a view to,
or with the effect of, creating unnecessary obstacles to international
trade.
- Technical specifications prescribed by procuring
entities shall, where appropriate:
(a) be in terms of performance rather
than design or descriptive characteristics; and
(b) be based on international standards,
where such exist; otherwise, on national technical regulations. See
footnote 3, recognized national
standards. See footnote 4, or
building codes.
- There shall be no requirement or reference to a
particular trademark or trade name, patent, design or type, specific
origin, producer or supplier, unless there is no sufficiently precise
or intelligible way of describing the procurement requirements and provided
that words such as "or equivalent" are included in the tender
documentation.
- Entities shall not seek or accept, in a manner
which would have the effect of precluding competition, advice which
may be used in the preparation of specifications for a specific procurement
from a firm that may have a commercial interest in the procurement.
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