दफा ४
Description Of Goods, Construction Works And Services To Be Prepared
(1) Prior to procuring goods, construction works or services, a Public Entity shall have to prepare a specifications, plan, drawing, design, special requirement or other descriptions pertaining thereto.
(2) The description as referred to in Sub-section (1) shall be prepared on the basis of relevant objective technical and quality characteristics and functions of such goods, construction works or services.
(3) In preparing the description pursuant to sub-Sections (1) and (2), unless there exists any other way of mentioning clearly in an intelligible manner the characteristics of the goods, construction works or services, a particular brand, trademark, name, patent, design, type, origin or producer’s name cannot
be mentioned .
Provided that where there is no other way than such mentioning, a particular brand, trademark, name, patent, design, type, origin or producer’s name shall be mentioned and the words “equivalent to” shall be mentioned
thereafter.
(4) In mentioning in the bidding documents or prequalification documents, the description of the technical or quality characteristics of the goods or construction works or other services, and requirements or symbols or
terminologies relating to testing, marking, packaging, labeling or conformity certificate, no description, requirements, symbols or terminologies can be so mentioned as to be irrelevant to the function of such goods or construction works or services, to create obstacles, in any manner, to participation by qualified bidders in the procurement process or to limit competition without any justification.
(2) The description as referred to in Sub-section (1) shall be prepared on the basis of relevant objective technical and quality characteristics and functions of such goods, construction works or services.
(3) In preparing the description pursuant to sub-Sections (1) and (2), unless there exists any other way of mentioning clearly in an intelligible manner the characteristics of the goods, construction works or services, a particular brand, trademark, name, patent, design, type, origin or producer’s name cannot
be mentioned .
Provided that where there is no other way than such mentioning, a particular brand, trademark, name, patent, design, type, origin or producer’s name shall be mentioned and the words “equivalent to” shall be mentioned
thereafter.
(4) In mentioning in the bidding documents or prequalification documents, the description of the technical or quality characteristics of the goods or construction works or other services, and requirements or symbols or
terminologies relating to testing, marking, packaging, labeling or conformity certificate, no description, requirements, symbols or terminologies can be so mentioned as to be irrelevant to the function of such goods or construction works or services, to create obstacles, in any manner, to participation by qualified bidders in the procurement process or to limit competition without any justification.