Specification of Works in Procurement Law

Specification of works in procurement law: description of the contract subject as a prescriptive or functional specification. Art. 42 Directive 2014/24/EU, § 95 BVergG 2018.

Definition: The specification of works is the central document of the procurement documents in which the contracting authority describes the subject of the contract clearly and exhaustively, so that all tenderers understand the description in the same sense and can submit tenders that are comparable with one another.

Last updated: January 2026 · Legal basis: Art. 42 Directive 2014/24/EU, § 95 et seq. BVergG 2018, § 31 VgV, § 7 VOB/A

What is the specification of works?

The specification of works is the centrepiece of every public tender and sets out which works, supplies or building project the contracting authority wishes to procure. It must be drafted so that all interested undertakings understand the contract subject fully and uniformly. A defective or incomplete specification undermines the entire competition, since tenderers make different assumptions and therefore submit tenders that cannot be compared.

The specification of works is part of the procurement documents and must be available to all tenderers at the latest with the contract notice or the invitation to tender. It forms the basis for subsequent contract performance.

Importance and function

The specification of works fulfils a dual function: it creates comparability between tenders and defines the scope of services under the future contract. Without a clear specification, contracting authorities cannot properly evaluate tenders, and contractors do not have binding clarity on what is expected of them.

For tenderers, the specification of works is the decisive basis for calculation. Incomplete or contradictory specifications often lead in practice to disputes over variations, because contracting authority and contractor have different views about the scope of works owed.

The specification must contain all essential technical, qualitative and quantitative requirements. This includes the nature and scope of the works, quality standards, quantities, delivery deadlines and functional and technical requirements.

Prescriptive and functional specification

Procurement law distinguishes two basic forms of specification: the prescriptive (constructive) specification and the functional specification. Under Art. 42 (3) Directive 2014/24/EU, the contracting authority may choose between these variants or combine them.

In a prescriptive specification, the contracting authority sets out precisely how the work is to be executed: materials, dimensions, methods and technical details are described in detail. This form is used primarily in construction (bill of quantities under ÖNORM B 2063 or VOB/A).

In a functional specification, the contracting authority describes only the desired outcome and the requirements to be met. How the contractor achieves the objective is left to the contractor. This form encourages innovation and is particularly suitable for complex IT or service contracts.

Technical specifications and product neutrality

Technical specifications in the specification of works must be product-neutral and must not unjustifiably restrict competition. Art. 42 (4) Directive 2014/24/EU generally prohibits reference to particular makes, trade marks or origins where this would favour or exclude certain undertakings.

Exceptions are admissible only where the subject of the contract cannot be described sufficiently precisely and intelligibly in another way. In that case, the words "or equivalent" must be added so that tenderers can offer equivalent products or solutions.

Technical specifications may refer to standards (EN, ISO), European technical assessments, common technical specifications or technical reference systems. Quality labels and eco-labels (e.g. EU Ecolabel, Austrian Ecolabel) are permissible where the requirements of the label are transparent and non-discriminatory (Art. 43 Directive 2014/24/EU).

Legal basis

The specification of works is governed in Art. 42 of Directive 2014/24/EU as the central instrument for describing the contract subject and is transposed in the national procurement laws of Austria and Germany.

Art. 42 Directive 2014/24/EU – Technical specifications and specification of works
Art. 43 Directive 2014/24/EU – Labels
§ 95 et seq. BVergG 2018 – Specification of works (Austria)
§ 31 VgV – Technical requirements (Germany)
§ 7 VOB/A – Specification of works for construction works (Germany)
ÖNORM B 2063 – Specification of works in Austrian construction

Related terms

FAQ

Must the specification of works always be complete? Yes. An incomplete specification of works breaches the principle of equal treatment, since tenderers will make different assumptions about the scope and therefore submit tenders that are not comparable. The contracting authority is obliged to make available all information needed for the preparation of tenders.

May the contracting authority prescribe a particular product? In principle, no. Reference to a particular make or trade mark is only admissible exceptionally where the contract subject cannot otherwise be described with sufficient precision. In that case the addition "or equivalent" must be made.

Can the specification of works be changed after publication? Subsequent changes are only admissible under strict conditions and must be communicated equally to all tenderers. Material changes may require an extension of the tender deadline.

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