There are mandatory requirements governing the technical specifications issued by contracting authorities under the GP Regulations. These are mainly designed to ensure that the technical specifications are in terms of performance rather than specific design or descriptive characteristics, and do not refer to specific goods or services (e.g., goods or services from a particular producer), unless accompanied by the words "or equivalent".
Technical specifications should be based on applicable international standards or, where no such international standards exist, applicable local standards.
The Supplier Guide provides that the specifications should contain a complete description of the goods, services or construction services required, including:
- the quantity of the items required;
- the time-limits for delivery of the items; and
- the required duration for the services.
It is recognised that in certain cases, the contracting authority may wish to provide for some flexibility in the requirements to allow for diversity in the proposals submitted by bidders. In such instances, the contracting authority may issue a request for proposal based on requirements that are crafted more loosely, and enter into discussions with prospective suppliers on the precise scope of works pursuant to this process.
The Supplier Guide provides that the government agency issuing a Quotation or Tender would typically provide its contractual terms and conditions to ensure a level playing field for all potential bidders. Further guidance is provided by the Supplier Guide in this respect, which states that the terms and conditions in Quotations and/or Tenders are defined upfront and meant to be applied to all bidders. Particularly, the Supplier Guide advises bidders not to vary these terms and conditions. If there is a need to do so, the Supplier Guide advises bidders to submit the "base offer" in accordance with the terms and conditions in the Quotation and/or Tender and provide as an alternative offer, their proposed changes to the terms and conditions. Typically, where a bidder is unable to meet certain specifications, the bidder will need to also indicate its non-compliance with the specifications of the tender.