Lead Product in Procurement Law 2026

Lead product in procurement law: reference to a specific product as guidance for tenderers – admissible only in exceptional cases, always with the addition 'or equivalent'.

Definition: A lead product (Leitfabrikat) is the naming of a specific product, manufacturer or brand in the specification of works as a reference point for the technical features required; under procurement law it is in principle inadmissible and only exceptionally permitted where the contract subject cannot be described with sufficient precision without such a reference, and always combined with the addition "or equivalent".

Last updated: January 2026 · Legal basis: Art. 42 (3) Directive 2014/24/EU, § 31 (6) VgV, § 96 BVergG 2018

What is a lead product?

The lead product – also called lead brand – is the naming of a specific product name or manufacturer in the specification, intended only as technical guidance and not as a binding requirement. Because naming a particular product restricts competition and favours specific manufacturers, it is in principle inadmissible under the principle of non-discrimination and the competition principle of procurement law. The naming is, however, exceptionally admissible where a product-neutral description of the work is not possible or reasonable – always linked with the addition "or equivalent".

Legal basis

Art. 42 (3) lit. b Directive 2014/24/EU allows references to trade marks, patents or origin only where the contract subject cannot be described sufficiently precisely without such a reference, and only with the addition "or equivalent".

National implementation:

Germany: § 31 (6) VgV; § 7a No. 3 VOB/A
Austria: § 96 (3) BVergG 2018

When is a lead product exceptionally admissible?

A lead product may only be specified where a technically neutral description of the required features is objectively not possible or would be disproportionately burdensome.

Recognised exceptional situations:

System compatibility: where a spare part or extension must fit an existing system and no technically equivalent alternatives exist
Highly specialised technical requirements for which no generally accepted technical standards (yet) exist
Pilot projects with specific, patent-protected technologies

The exception must be construed narrowly. Contracting authorities that justify product neutrality with disproportionate effort risk having the tender challenged.

Equivalence assessment

The addition "or equivalent" obliges the contracting authority to admit alternative products and to assess their equivalence against the technical features embodied in the lead product.

Tenderers offering an alternative product must:

Specifically name the alternative product
Prove equivalence (e.g. by technical data sheets, certificates, expert opinions)
Indicate any deviations from the requirements of the lead product

Contracting authorities may only reject alternative products where the tenderer has not proven equivalence or where actual technical differences exist.

Risks for contracting authorities

Contracting authorities that use lead products without sufficient justification or without the addition "or equivalent" risk having the procedure annulled or facing damages claims.

Typical mistakes:

Naming a product without "or equivalent"
Use of a lead product as a de facto exclusion criterion (e.g. by referring to all relevant technical specifications exclusively of the lead product)
Rejection of equivalent products without objective justification

FAQ

Must a tenderer use the lead product? No. The tenderer may offer any equivalent product and only needs to prove equivalence.

What if the contracting authority does not name a lead product but specifies very narrow technical requirements? Even narrow technical specifications can be discriminatory in practice if only one manufacturer can meet them. Under procurement law this is equally inadmissible as an explicit lead product without an equivalence clause.

Can a tenderer challenge a tender notice on the grounds of an inadmissible lead product? Yes. Tenderers can assert the inadmissibility of the lead product in review proceedings. They must, however, raise the objection in time (in Germany without delay after becoming aware of it, § 160 (3) GWB).

Last updated: January 2026 All information without guarantee. For legally binding advice please consult a law firm specialising in procurement law.