Specification in Procurement Law 2026
Specification in procurement law: technical requirements for products and services in procurement documents – types, permissible formulations and standards reference.
Definition: A specification within the meaning of procurement law is the precise description of the technical, functional or performance-related requirements that a product, service or construction work to be procured must meet, and forms the basis for comparing and evaluating the bids received.
Last updated: January 2026 · Legal basis: Directive 2014/24/EU Art. 42, BVergG 2018 §§ 98–104, VgV § 31, GWB § 97 para. 4
Concept and Function
The specification is the technical core of the description of services and decisively determines who can participate in the competition and which bid receives the award. An overly narrow specification unduly restricts competition; an overly broad specification makes comparability of bids more difficult. The art of a procurement-law-compliant specification lies in formulating the requirements as precisely as necessary and as openly as possible.
Types of Specification
Technical Specification
The technical specification describes the specific properties of a product or service in measurable parameters: dimensions, materials, performance data, chemical compositions, pressure resistances, etc.
Functional Specification
The functional specification describes the required outcome or function to be fulfilled, without specifying the type of implementation. It opens up more scope for bidders to provide innovative solutions.
Performance-Based Specification
The performance-based specification combines elements of both approaches: performance parameters and minimum standards are defined without fully prescribing the technical solution.
Procurement Law Requirements
Art. 42 of Directive 2014/24/EU regulates the formulation of technical specifications and sets clear limits for the contracting authority.
Prohibited are specifications that:
- Refer to a specific make or origin without adding "or equivalent"
- Favour a specific manufacturer or supplier
- Name patented processes or trademarks without objective reason
- De facto leave a single supplier as the possible provider
A reference to standards is permissible if the addition "or equivalent" is included (cf. article on Standard).
Brand Naming and Equivalence Clause
In practice, it frequently happens that contracting authorities (unconsciously or consciously) include brand names in specifications. This is only permissible if:
- The subject matter of the contract cannot be described sufficiently clearly and understandably.
- The reference is accompanied by the addition "or equivalent".
If this addition is missing, the specification is generally competition-restricting and can be challenged in review proceedings.
Related Terms
- Standard
- Description of Services
- Functional Description of Services
- Constructive Description of Services
FAQ
May the contracting authority tender a specific product? Only with the addition "or equivalent", and only if the subject matter cannot otherwise be sufficiently described.
How does a bidder prove equivalence? Through technical documentation, test reports, data sheets or other suitable evidence showing that the offered product meets the required properties.
Can an overly narrow specification render the award procedure challengeable? Yes. A discriminatory specification that effectively excludes individual providers can be challenged in review proceedings.
Last updated: January 2026 All information is provided without guarantee. For legally binding advice, please consult a law firm specialising in procurement law.
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