# Procurement documents

- URL: https://procurelex.mt/en/faq/procurement-documents
- Updated 2026-11-10
- Draft – awaiting legal review
- Legal basis: regulation 33, regulation 34, regulation 53(1), regulation 53(6), regulation 53(7), regulation 53(8), regulation 224, regulation 239(7), regulation 239(8), regulation 239(9), regulation 16(1)(h)

Technical specifications and the words “or equivalent”, lots, conditions of participation and the weighting of the award criteria.

The technical specifications are set out in the procurement documents and lay down the characteristics required of a works, service or supply ([regulation 53(1)](https://procurelex.mt/en/ppr/53#p1)).

## May a specification name a make or a trade mark?

Not unless the subject-matter of the contract justifies it. Technical specifications shall not refer to a specific make or source, a particular process, trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or products. Such a reference is permitted on an exceptional basis, where a sufficiently precise and intelligible description is not possible, and it is accompanied by the words “or equivalent” ([regulation 53(8)](https://procurelex.mt/en/ppr/53#p8)).
## How may technical specifications be formulated?

In terms of performance or functional requirements, by reference to standards and other technical references in the order of preference the regulation gives, or by a combination of the two ([regulation 53(7)](https://procurelex.mt/en/ppr/53#p7)). They shall afford equal access to economic operators and shall not create unjustified obstacles to competition ([regulation 53(6)](https://procurelex.mt/en/ppr/53#p6)).
## Must the contract be divided into lots?

Contracting authorities may decide to award a contract in separate lots and may determine their size and subject-matter ([regulation 33](https://procurelex.mt/en/ppr/33)). Where a tender falls under regulation 9(1)(b), they give an indication of the main reasons for a decision not to subdivide into lots, in the procurement documents or in the individual report ([regulation 34](https://procurelex.mt/en/ppr/34)).
## Where are the conditions of participation stated?

In the contract notice or in the invitation to confirm interest: the required conditions, which may be expressed as minimum levels of ability, together with the appropriate means of proof ([regulation 224](https://procurelex.mt/en/ppr/224)).
## Must the weighting of the award criteria be given?

Yes, in the procurement documents, except where the most economically advantageous tender is identified on the basis of price alone ([regulation 239(7)](https://procurelex.mt/en/ppr/239#p7)). The weightings may be expressed as a range ([regulation 239(8)](https://procurelex.mt/en/ppr/239#p8)); where weighting is not possible for objective reasons, the criteria are indicated in decreasing order of importance ([regulation 239(9)](https://procurelex.mt/en/ppr/239#p9)).
## Is anything on review required in the documents?

Yes: that the award is subject to the review procedure, with an extract of the relevant part of the appeals process ([regulation 16(1)(h)](https://procurelex.mt/en/ppr/16#p1-h)).