Chapter I: DEFINITION OF NEED

The technical and functional specifications define the required characteristics of the works or services.They may refer to the specific production or execution process of the works or services requested, provided that they are linked to the purpose of the concession contract and proportionate to its value and objectives.

The technical and functional specifications shall not refer to a particular manufacturing method or process, to a specific origin or provenance, or to a trademark, patent or type. However, such a mention or reference is possible if it is justified by the subject of the concession contract or, exceptionally, if a sufficiently precise and intelligible description of the subject of the concession contract is not possible without it and provided…

The concession granting authority may not reject a tender on the grounds that it does not comply with the technical and functional specifications if the tenderer proves in its tender, by any appropriate means, that the solutions it proposes comply with these specifications in an equivalent manner.