Directives come into force at the end of January to
modernise and simplify EU procurement procedures. Among other
things, they require that public sector agencies do not
discriminate by specifying particular brands or products in their
tender documents. Agencies that do not comply could find themselves
facing national or EU infringement proceedings.
According to the OGC guidance, agency requirements must now be
detailed in a generic way, with references to a specific brand or
product made in only exceptional circumstances and followed by the
words “or equivalent”.
References to national standards implementing European standards
are to be used in preference to pure national standards – unless
there are no relevant European standards – and agencies must be
prepared to look at offers satisfying the standards in an
equivalent manner.
The single page of guidance specifically considers the area of
computer hardware procurement, finding that generic terms such as
“x86 processor” should be used in preference to brand references
such as Intel or AMD.
The specifications should also exclude any reference to minimum
processor clock speeds, but can refer to minimum scores resulting
from independent benchmark tests if these are non-discriminatory,
says the guidance.
“We fully support the UK initiative to bring more competition
into technology procurement,” said Giuliano Meroni, corporate vice
president, Sales and Marketing, for AMD Europe, Middle East and
Africa. “The illegal use of either brand or specific product names
reduces market competition, slows down the pace of innovation and
may unnecessarily cost taxpayers money.”
