The role of technical specifications in the public procurement process for medical equipment : a comparative analysis

Abstract

Public Procurement is the process which public authorities use in order to purchase work, goods or services from third party companies. Procurement law attempts to cater for all circumstances ranging from the purchase of office paper to the most sophisticated lifesaving equipment. This paper focuses on the role of technical specifications in the public procurement for medical equipment in a trident approach: law, technical aspects and cases relating to tenders. It examines those instances where technical specifications can serve as a barrier to trade or restriction of competition, principles of good administrative practice, Directive 2014/24/EU provisions and possible lacunae as well as the patient interest/benefit.