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ARTICLE · 23 JANUARY 2020

Technical Specifications In Public Procurement – Public Contracts Review Board Confirms The ‘Or Equivalent' Rule

Fenech & Fenech Advocates
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In a recent decision, the Public Contracts Review Board ("PCRB") has reiterated and confirmed the fundamental non-discrimination and equivalence rule which applies to the technical specifications...

MaltaGovernment, Public Sector
Thomas Bugeja
Thomas Bugeja
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In a recent decision, the Public Contracts Review Board ("PCRB") has reiterated and confirmed the fundamental non-discrimination and equivalence rule which applies to the technical specifications of tenders issued by Contracting Authorities.

In PCRB case 1382 of 2019, Vodafone Malta Limited in its capacity as a prospective tenderer filed a 'Remedy before Closing Date of a Call for Competition" in terms of Article 262 of the Public Procurement Regulations, S.L 601.03 (the "PPR"), through which it sought a remedy against the tender specifications published by the Valletta Local Council as the Contracting Authority.

In its tender for the "Supply, Delivery, Installation. Testing, Maintenance and After Sales of a Smart Parking Management System", the Local Council requested a number of technical specifications for the smart parking system in question, including the requirement for the system to operate using a 'LoRa or Sigfox' LPWAN-type communication network.

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