Technical Specifications in Procurement Law 2026 – Requirements & Limits

Definition: Technical specifications are the requirements set out in the procurement documents for works, supplies or services that describe the characteristics of the subject matter of the contract, in particular quality, performance, safety and environmental standards.

Last updated: January 2026 · Legal status: Art. 42 Directive 2014/24/EU, Annex VII Dir. 2014/24/EU, § 31 VgV, § 7 VOB/A, § 98 BVergG 2018

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What are technical specifications?

Technical specifications form the heart of the specifications and set out the characteristics that a service to be procured must have. They can relate to materials, products or items to be supplied and cover properties such as dimensions, safety requirements, quality levels, performance levels, environmental impacts and test procedures. In addition, for service and construction contracts, requirements for processes and production methods may also be specified.

The law on technical specifications is characterised by a fundamental tension: on the one hand, the contracting authority must describe its procurement need precisely; on the other, technical specifications may not be misused to favour certain products or companies and thus distort competition.

Forms of technical specifications

The contracting authority can choose between a requirement-based and a performance- or function-oriented description, or combine both approaches.

Standard-based specification

In the standard-based method, the contracting authority refers to recognised standards and technical rules. The hierarchy of standards to be used is set out in Art. 42 (3) (a) Directive 2014/24/EU and is:

1. European standards (EN)
2. European technical approvals
3. Common technical specifications
4. International standards (ISO)
5. Other technical reference systems established by technical standardisation bodies

If the contracting authority refers to a particular standard, it must always add the wording "or equivalent" so as not to favour a particular brand or origin.

Performance and functional description

In a performance- or function-oriented specification, the contracting authority defines the desired outcome without prescribing the path to it. This leaves bidders more room for innovative solutions and is particularly suitable for complex services. The disadvantage lies in the more difficult comparability of bids.

Combined approach

In practice, standard-based and performance-based elements are often combined, for example by setting standards for certain components but using functional requirements for the overall service.

Non-discrimination and product neutrality

One of the most important rules of procurement law in the area of technical specifications is the prohibition of product-specific and origin-related requirements. Under Art. 42 (2) Directive 2014/24/EU, technical specifications must not refer to specific makes, products, patents, origins or production processes if this would result in certain undertakings being favoured or excluded.

It would therefore be inadmissible to prescribe a particular brand product without the addition "or equivalent". The same applies to specifications which are technically formulated so narrowly without objective reason that in fact only one supplier can be considered.

Exceptions exist where:

• the subject matter of the contract cannot be sufficiently precisely described otherwise, and
• this is justified in the procurement documents.

Environmental and social aspects in technical specifications

Technical specifications may and should also include environmental and social requirements. Art. 43 Directive 2014/24/EU permits reference to environmental labels (e.g. EU Ecolabel, Blue Angel) if the requirements of the label are linked to the subject matter of the contract and are non-discriminatory. The contracting authority must, however, always accept equivalent evidence.

Evidence by bidders

Bidders can demonstrate that their service meets the technical specifications even if it does not exactly comply with the required standards. In the case of a standard-based specification, the bidder can prove through technical documentation that its product or service is equivalent. The burden of proving equivalence rests with the bidder.

FAQ

Must the contracting authority always refer to standards? No. It may also describe functionally or in performance terms. However, references to standards offer the advantage of easier comparability.

What does "or equivalent" mean when referring to a standard? The bidder may offer a product or service that does not exactly comply with the named standard but demonstrably has equivalent characteristics.

May the contracting authority prescribe a specific brand product? In principle, no. Exceptionally, this is permitted if the subject matter of the contract cannot be sufficiently precisely described otherwise – but then always with the addition "or equivalent".

Can technical specifications contain social requirements? Yes, e.g. requirements for accessible design or certain production conditions, provided these are linked to the subject matter of the contract.

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