Non-proprietary performance description x86-server
This guide is the result of a working group under the leadership of the Procurement Office of the Federal Ministry of the Interior and the Federal Association for Information Technology, Telecommunications and New Media (BITKOM). The purpose of this document is to provide the contracting authorities (at the federal, state, and local levels) with reliable and comprehensive assistance in formulating their tenders for the procurement of servers in a product-neutral manner, i.e. without the use of protected brand names or references to specific manufacturers, and with due consideration of the current technical requirements.
European and German law generally prohibits the use of brand names in the context of public tenders. This is a consequence of European law prohibiting discrimination within the framework of directive 93/36/EEC of 14 June 1993, implemented in § 8 VOL/A, which aims to ensure that certain manufacturers or suppliers are not excluded from the potential bidders due to discriminatory wording. An exception is allowed only in cases in which the description of the performance with sufficiently precise and generally intelligible words is not possible. In anycase, the additional words “or equivalent” must always be added.