Her response is as follows:Any registered social landlord,in its role as a contracting authority, awarding a contract in compliance with thePublic Contracts (Scotland) Regulations 2006, must ensure that the technical specificationin the Invitation to Tender documentation does not refer to materials or goods ofa specific make or source or to a particular process, trademark, patent, type ororigin or means of production which has the effect of favouring or eliminating particularsuppliers.An exception to this would bewhere the subject of the contract makes the use of such reference indispensableor the subject of the contract cannot otherwise be described by reference to technicalspecification which is sufficiently precise and intelligible to all suppliers/bidders,provided that such reference is accompanied by the words “or equivalent”.In practice, this means thatit is permissible for a contracting authority to quote examples of a product asbeing indicative of the standard, or quality, they are seeking, provided the words“or equivalent” are added.Where the form of contract is“design and build” the successful contractor may...