Common use of Technical Specifications Clause in Contracts

Technical Specifications. 1. Technical specifications shall be set out in the notices, tender documents or additional documents. 2. Each Party shall ensure that its entities do not prepare, adopt or apply any technical specifications with a view to, or with the effect of, creating unnecessary obstacles to trade between the Parties. 3. Technical specifications prescribed by entities shall be: (a) in terms of performance and functional requirements rather than design or descriptive characteristics; and (b) based on international standards, where these exist or, in their absence, on national technical regulations8, recognised national standards9, or building codes. 4. The provisions of paragraph 3 do not apply when the entity can objectively demonstrate that the use of technical specifications referred to in that paragraph would be ineffective or inappropriate for the fulfilment of the legitimate objectives pursued. 5. In all cases, entities shall consider bids which do not comply with the technical specifications but meet the essential requirements thereof and are fit for the purpose intended. The reference to technical specifications in the tender documents must include words such as “or equivalent”. 6. 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. 8 For the purpose of this Chapter, a technical regulation is a document which lays down characteristics of a product or a service or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements as they apply to a product, service, process or production method.

Technical Specifications. 1. Technical specifications shall be set out in the notices, tender documents or additional documents. 2. Each Party shall ensure that its entities do not prepare, adopt or apply any technical specifications with a view to, or with the effect of, creating unnecessary obstacles barriers to trade between the Parties. 3. Technical specifications prescribed by entities shall be:shall (a) be in terms of performance and functional requirements rather than design or descriptive characteristics; and (b) be based on international standards, where these exist or, in their absence, on national technical regulations8regulations(1), recognised national standards9standards(2), or building codes. 4. The provisions of paragraph 3 do not apply when the entity can objectively demonstrate that the use of technical specifications referred to in that paragraph would be ineffective or inappropriate for the fulfilment of the legitimate objectives pursued. 5. In all cases, entities shall consider bids which do not comply with the technical specifications but meet the essential requirements thereof and are fit for the purpose intended. The reference to technical specifications in the tender documents must include words such as “"or equivalent”". 6. There shall be no requirement for or reference to a particular trademark or trade name, patent, design or type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that words, such as “"or equivalent”", are included in the tender documentation. 7. 8 For The tenderer shall have the purpose burden of this Chapter, a technical regulation is a document which lays down characteristics of a product or a service or their related processes and production methods, including proving that his bid meets the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements as they apply to a product, service, process or production methodessential requirements.

Technical Specifications. 1. Technical specifications shall be set out in the notices, tender documents or additional documents. 2. Each Party shall ensure that its entities do not prepare, adopt or apply any technical specifications with a view to, or with the effect of, creating unnecessary obstacles to trade between the Parties. 3. Technical specifications prescribed by entities shall beshall: (a) be in terms of performance and functional requirements requirements, rather than design or descriptive characteristics; and (b) be based on international standards, where these they exist or, in their absenceabsence of such standards, on national technical regulations8regulations3, recognised national standards9, standards4 or building codes. 4. The provisions of paragraph Paragraph 3 do does not apply when the entity can may objectively demonstrate that the use of technical specifications referred to in that paragraph would be ineffective or inappropriate for the fulfilment fulfillment of the legitimate objectives pursued. 5. In all cases, entities shall consider bids which do not comply with the technical specifications but meet the essential requirements thereof and are fit for the purpose intended. The reference to technical specifications in the tender documents must include words such as “or equivalent”. 6. 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. 7. 8 For The tenderer shall have the purpose burden of this Chapter, a technical regulation is a document which lays down characteristics of a product or a service or their related processes and production methods, including proof to demonstrate that its bid meets the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements as they apply to a product, service, process or production methodessential requirements.

Technical Specifications. 1. Technical specifications shall be set out in the notices, tender documents or additional documents. 2. Each Party shall ensure that its entities do not prepare, adopt or apply any technical specifications with a view to, or with the effect of, creating unnecessary obstacles to trade between the Parties. 3. Technical specifications prescribed by entities shall be: (a) in terms of performance and functional requirements rather than design or descriptive characteristics; and (b) based on international standards, where these exist or, in their absence, on national technical regulations8regulations (8), recognised national standards9standards (9), or building codes. 4. The provisions of paragraph 3 do not apply when the entity can objectively demonstrate that the use of technical specifications referred to in that paragraph would be ineffective or inappropriate for the fulfilment of the legitimate objectives pursued. 5. In all cases, entities shall consider bids which do not comply with the technical specifications but meet the essential requirements thereof and are fit for the purpose intended. The reference to technical specifications in the tender documents must include words such as “"or equivalent”". 6. 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. 7. 8 For The tenderer shall have the purpose burden of this Chapter, a technical regulation is a document which lays down characteristics of a product or a service or their related processes and production methods, including proof to demonstrate that his bid meets the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements as they apply to a product, service, process or production methodessential requirements.

Technical Specifications. 1. Technical specifications shall be set out in the notices, tender documents or additional documents. 2. Each Party shall ensure that its entities do not prepare, adopt or apply any technical specifications with a view to, or with the effect of, creating unnecessary obstacles to trade between the Parties. 3. Technical specifications prescribed by entities shall be: (a) in terms of performance and functional requirements rather than design or descriptive characteristics; and (b) based on international standards, where these exist or, in their absence, on national technical regulations8, recognised national standards9, or building codes. 4. The provisions of paragraph 3 do not apply when the entity can objectively demonstrate that the use of technical specifications referred to in that paragraph would be ineffective or inappropriate for the fulfilment of the legitimate objectives pursued. 5. In all cases, entities shall consider bids which do not comply with the technical specifications but meet the essential requirements thereof and are fit for the purpose intended. The reference to technical specifications in the tender documents must include words such as “or equivalent”. 6. 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. 7. 8 For The tenderer shall have the purpose burden of this Chapter, a technical regulation is a document which lays down characteristics of a product or a service or their related processes and production methods, including proof to demonstrate that his bid meets the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements as they apply to a product, service, process or production methodessential requirements.

Technical Specifications. 1. Technical specifications shall be set out in the notices, tender documents or additional documents. 2. Each Party shall ensure that its entities do not prepare, adopt or apply any technical specifications with a view to, or with the effect of, creating unnecessary obstacles to trade between the Parties. 3. Technical specifications prescribed by entities shall beshall: (a) be in terms of performance and functional requirements requirements, rather than design or descriptive characteristics; and (b) be based on international standards, where these they exist or, in their absenceabsence of such standards, on national technical regulations8regulations3, recognised national standards9, standards4 or building codes. 4. The provisions of paragraph Paragraph 3 do does not apply when the entity can may objectively demonstrate that the use of technical specifications referred to in that paragraph would be ineffective or inappropriate for the fulfilment fulfillment of the legitimate objectives pursued. 5. In all cases, entities shall consider bids which do not comply with the technical specifications but meet the essential requirements thereof and are fit for the purpose intended. The reference to technical specifications in the tender documents must include words such as “"or equivalent”". 6. 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. 7. 8 For The tenderer shall have the purpose burden of this Chapter, a technical regulation is a document which lays down characteristics of a product or a service or their related processes and production methods, including proof to demonstrate that its bid meets the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements as they apply to a product, service, process or production methodessential requirements.

Technical Specifications. 1. Technical specifications shall be set out in the notices, tender documents or additional documents. 2. Each Party shall ensure that its entities do not prepare, adopt or apply any technical specifications with a view to, or with the effect of, creating unnecessary obstacles to t o trade between the Parties. 3. Technical specifications prescribed by entities shall beshall: (a) be in terms of performance and functional requirements requirements, rather than design or descriptive characteristics; and (b) be based on international standards, where these they exist or, in their absenceabsence of such standards, on national technical regulations8regulations3, recognised national standards9, standards4 or building codes. 4. The provisions of paragraph Paragraph 3 do does not apply when the entity can may objectively demonstrate that the use of technical specifications referred to in that paragraph would be ineffective or inappropriate for the fulfilment fulfillment of the legitimate objectives pursued. 5. In all cases, entities shall consider bids which do not comply with the technical specifications but meet the essential requirements thereof and are fit for the purpose intended. The reference to technical specifications in the tender documents must include words such as “or equivalent”. 6. 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. 7. 8 For The tenderer shall have the purpose burden of this Chapter, a technical regulation is a document which lays down characteristics of a product or a service or their related processes and production methods, including proof to demonstrate that its bid meets the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements as they apply to a product, service, process or production methodessential requirements.

Technical Specifications. 1. Technical specifications shall be set out in the notices, tender documents or additional documents. 2. Each Party shall ensure that its entities do not prepare, adopt or apply any technical specifications with a view to, or with the effect of, creating unnecessary obstacles barriers to trade between the Parties. 3. Technical specifications prescribed by entities shall be:shall (a) be in terms of performance and functional requirements rather than design or descriptive characteristics; and (b) be based on international standards, where these exist or, in their absence, on national technical regulations8regulations12, recognised national standards9standards13, or building codes. 4. The provisions of paragraph 3 do not apply when the entity can objectively demonstrate that the use of technical specifications referred to in that paragraph would be ineffective or inappropriate for the fulfilment of the legitimate objectives pursued. 5. In all cases, entities shall consider bids which do not comply with the technical specifications but meet the essential requirements thereof and are fit for the purpose intended. The reference to technical specifications in the tender documents must include words such as “or equivalent”. 6. There shall be no requirement for or reference to a particular trademark or trade name, patent, design or type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that words, such as “or equivalent”, are included in the tender documentation. 7. 8 For The tenderer shall have the purpose burden of this Chapterproving that his bid meets the essential requirements. 1. All time-limits established by the entities for the receipt of tenders and requests to participate shall be adequate to allow suppliers of the other Party, a technical regulation is a document which lays down characteristics as well as domestic suppliers, to prepare and to submit tenders, and where appropriate, requests for participation or applications for qualifying. In determining any such time-limit, entities shall, consistent with their own reasonable needs, take into account such factors as the complexity of a product or a service or their related processes the intended procurement and production methods, including the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements normal time for transmitting tenders from foreign as they apply to a product, service, process or production methodwell as domestic points.