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Procurement Reform (Scotland) Act 2014
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30Technical specifications
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(1)The Scottish Ministers may by regulations make provision about the use of technical specifications in regulated procurements (other than EU-regulated procurements).
(2)In this section, a technical specification is a specification which defines required characteristics of—
(a)goods, services or works,
(b)the way in which the goods, services or works are to be produced, provided or constructed,
(c)any process relating to another stage in the life cycle of the goods, services or works.
(3)Regulations under this section may, in particular, make provision or further provision about—
(a)the matters which are to be taken into account by contracting authorities in determining which technical specifications are to be imposed,
(b)the extent to which technical specifications may—
(i)be defined by reference to national or international standards or other similar specifications,
(ii)include requirements based on the performance or functionality of the goods, services or works,
(c)circumstances in which a contracting authority must treat a tender as complying with a technical specification,
(d)the wording of technical specifications.
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