Q&As

Is it acceptable under the Public Contracts Regulations 2015, SI 2015/102, to mandate in the technical specification that the system being procured must integrate and operate with the retained part of the IT hardware system by referring to the brand name?

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Published on LexisPSL on 18/06/2021

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • Is it acceptable under the Public Contracts Regulations 2015, SI 2015/102, to mandate in the technical specification that the system being procured must integrate and operate with the retained part of the IT hardware system by referring to the brand name?

Is it acceptable under the Public Contracts Regulations 2015, SI 2015/102, to mandate in the technical specification that the system being procured must integrate and operate with the retained part of the IT hardware system by referring to the brand name?

Unfortunately, we are unable to answer this query as it would require us to provide legal advice in relation to the scenario. However, we refer you to the below that may assist with your research.

In public procurement procedures, the subject matter of a public contract is defined by reference to technical specifications. The contract award criteria, employed when evaluating tenders, must relate to the subject matter.

There is ample scope under the procurement rules to specify requirements in output and/or outcome terms, which is widely regarded as good practice particularly when drafting contracts for the provision of complex services.

It remains an option to specify requirements in strictly technical terms and to do so by reference to ‘technical standards’ (of the kind published by the British

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