Once you have defined the subject of the contract, you have to translate this into measurable technical specifications that can be applied directly in a public procurement procedure. The Law of the Republic of Lithuania on Public Procurement (Article 25) allows contracting authorities to choose between specifications formulated by any of the following methods or their combination: either by reference to standards, technical certificate or general technical specifications or in terms of performance or functional requirements.

Technical specifications have to be clear, related to the subject matter of procurement, non-discriminatory and ensuring competition. It is practical to use standards in the public procurement procedures, because they are defined by coordinated method and ensure above mentioned requirements for technical specification. However it is essential to stress that if technical requirements are formulated either by standards, technical certificate or general technical specifications, the opportunity to submit equivalent tenders for the suppliers should be left.

It should be noticed that at this moment only a few European and national standards determine if products or services meet environmental requirements. Therefore contracting authorities can on their own initiative indicate particular conditions according to which higher environmental requirements than the requirements foreseen in the legal acts or standards are raised but only if these requirements do not stimulate discrimination of potential participants.

When technical specifications are prepared describing the desirable result or indicating the functional requirements of the subject matter of procurement, a contracting authority has broader opportunities to ask suppliers to submit innovative solutions. However, the requirements should be precise in order bidders prepare suitable tenders and the contracting authority acquires necessary goods, services and works.

It is foreseen under the Law of the Republic of Lithuania on Public Procurement that functional requirements can include environmental requirements. Contracting authorities are allowed to lay down particular requirements, e.g. for production type or main used materials (food products should not be processed using harmful substances, a certain amount of materials should be produced from secondary-raw materials or energy should be produced from renewable energy recourses), for certain groups of products or the impact of services on the environment. Contracting authorities can use eco-labels as well.

It’s important to remember that technical specifications defining the subject matter of the contract shall not refer to a specific model or source, or a particular process, trade marks, patents, types or a specific origin or production in order not to favour eliminate certain undertakings or certain products. Such reference is permitted on an exceptional basis, only if a sufficiently precise and intelligible description of the subject matter of the contract following the requirements of the Law of the Republic of Lithuania on Public Procurement is not possible. Such reference has to be accompanied by the words “or equivalent”.