Description of goods, construction works and services to be prepared:

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(1) Prior to procuring any goods, construction work or service, a public body shall prepare a specification, plan, drawing, design, special requirement or other descriptions thereof.
(2) The descriptions referred to in sub-section (1) shall be prepared on the basis of relevant objective technical and quality characteristics and functions of such goods, work or service.
(3) In preparing the descriptions pursuant to sub-sections (1) and (2), a particular brand, trademark, name, patent, design, type, origin or producer’s name cannot be specified except where there is no other way of specifying clearly in an intelligible manner the characteristics of the goods, construction work or service. Provided that where there is no other way than such specifying, a particular brand, trademark, name, patent, design, type, origin or producer’s name may be specified, with the words “equivalent to” being mentioned thereafter.
(4) While specifying in the bidding documents or prequalification documents the descriptions of the technical or quality characteristics of the goods or works or other services and requirements or symbols or terminologies relating to testing, marking, packaging, labeling or conformity certificate, no descriptions, requirements, symbols or terminologies can be so specified as to be irrelevant to the function of such goods, construction work or service, to cause a hindrance in any manner to participation by qualified bidders in the procurement process or to limit competition without justification.

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