(c) requirements relating to conformity assessment.
2. Each Party shall ensure that any technical specification prescribed by its entities is, where appropriate:
(a) specified in terms of performance criteria rather than design or descriptive characteristics; and
(b) based on international standards, national technical regulations, recognized national standards or building codes.
3. Each Party shall ensure that the technical specifications prescribed by its entities do not require or refer to a particular trademark or name, patent, design or type, specific origin or producer or service provider unless there is no sufficiently precise or intelligible way of otherwise describing the procurement requirements and provided that, in such cases, words such as "or equivalent" are included in the tender documentation.
4. Each Party shall ensure that its entities do not seek or accept, in a manner that would have the effect of precluding competition, advice that may be used in the preparation or adoption of any technical specification for a specific procurement from a person that may have a commercial interest in that procurement.
Article 1008:Tendering Procedures
1. Each Party shall ensure that the tendering procedures of its entities:
(a) are applied in a non-discriminatory manner; and
(b) are consistent with the provisions of this Article and with Articles 1009 (Qualification of Suppliers) through 1016 (Limited Tendering).