# Technical specifications: “or equivalent”, standards, labels and proof - URL: https://procurelex.mt/en/guides/technical-specifications - Updated 2026-11-11 - Draft – awaiting legal review - Legal basis: regulation 53(1), regulation 53(2), regulation 53(4), regulation 53(6), regulation 53(7), regulation 53(8), regulation 53(9), regulation 53(10), regulation 53(11), regulation 54(1), regulation 54(3), regulation 54(4), regulation 55(1), regulation 55(2), regulation 55(3), regulation 262(1)(c) How regulation 53 requires technical specifications to be written, when a make or a trade mark may be named, and what labels and certificates may be required. 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)). They are the part of the documents most often challenged before the closing date, because discriminatory specifications can be removed by the Public Contracts Review Board ([regulation 262(1)(c)](https://procurelex.mt/en/ppr/262#p1-c)). ## The principle Technical specifications shall afford equal access of economic operators to the procurement procedure and shall not have the effect of creating unjustified obstacles to the opening up of public procurement to competition ([regulation 53(6)](https://procurelex.mt/en/ppr/53#p6)). The characteristics may also refer to the process or method of production or provision, or to a process for another stage of the life cycle, so long as they are linked to the subject-matter of the contract ([regulation 53(2)](https://procurelex.mt/en/ppr/53#p2)). Where the procurement is intended for use by natural persons, the specifications take account of accessibility criteria for persons with disabilities or design for all users, except in duly justified cases ([regulation 53(4)](https://procurelex.mt/en/ppr/53#p4)). ## Four ways to formulate them Regulation [regulation 53(7)](https://procurelex.mt/en/ppr/53#p7) gives four: 1. in terms of performance or functional requirements, precise enough for tenderers to determine the subject-matter and for the authority to award the contract; 2. by reference to technical specifications, in the order of preference the regulation gives, starting with national standards transposing European standards; 3. in terms of performance or functional requirements, with reference to those technical specifications as a means of presuming conformity; 4. by reference to those technical specifications for some characteristics and to performance or functional requirements for others. ## Makes, trade marks and “or equivalent” Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, a particular process which characterises the products or services of a specific economic operator, or to trade marks, patents, types or a specific origin or production, with the effect of favouring or eliminating certain undertakings or certain products ([regulation 53(8)](https://procurelex.mt/en/ppr/53#p8)). Such a reference is permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter is not possible, and it shall be accompanied by the words “or equivalent” ([regulation 53(8)](https://procurelex.mt/en/ppr/53#p8)). ## Equivalent solutions cannot be rejected - Where the specifications refer to standards, a tender is not rejected for not complying with them once the tenderer proves, by any appropriate means, that its solution satisfies the requirements in an equivalent manner ([regulation 53(9)](https://procurelex.mt/en/ppr/53#p9)). - Where they are written as performance or functional requirements, a tender that complies with a standard addressing those requirements is not rejected ([regulation 53(10)](https://procurelex.mt/en/ppr/53#p10)); the tenderer proves in its tender that the work, supply or service meets them ([regulation 53(11)](https://procurelex.mt/en/ppr/53#p11)). ## Labels A specific label may be required as proof of environmental, social or other characteristics only where all the conditions of [regulation 54(1)](https://procurelex.mt/en/ppr/54#p1) are met: among them, that the label requirements concern only criteria linked to the subject-matter of the contract and rest on objectively verifiable and non-discriminatory criteria. Labels that confirm equivalent requirements are accepted ([regulation 54(3)](https://procurelex.mt/en/ppr/54#p3)), and other appropriate means of proof where the economic operator demonstrably could not obtain the label in time for reasons not attributable to it ([regulation 54(4)](https://procurelex.mt/en/ppr/54#p4)). ## Test reports and certificates A test report or a certificate from a conformity assessment body may be required as proof of conformity ([regulation 55(1)](https://procurelex.mt/en/ppr/55#p1)). Certificates from equivalent bodies are accepted ([regulation 55(2)](https://procurelex.mt/en/ppr/55#p2)), and other appropriate means of proof, such as a technical dossier of the manufacturer, where the economic operator had no access to them for reasons not attributable to it ([regulation 55(3)](https://procurelex.mt/en/ppr/55#p3)).