Phase 3: Planning & Design

Design and technical specifications tailored to preferred bidders

Design requirements and technical specifications are drafted to advantage specific suppliers or technologies, reducing competition and increasing cost and lock-in.

Red Flags & Indicators

  • Technical specifications name specific brands, standards, materials, or technologies without a clear technical reason, and equivalent alternatives are restricted.
  • Qualification and experience requirements are higher than necessary for the contract, limiting the number of capable bidders.
  • Specifications are changed after contact with suppliers, without a clear written reason or formal approval.
  • Tender documents include data, drawings, or performance requirements that closely match the products or materials of one supplier.

Stakeholder Guidance

Stakeholder Exposure

Exposure includes pressure to follow brand or bidder specific requirement; higher bid costs; and reputational exposure if favoritism and restrictive specifications are identified.

Decision Point

Before bid/no‑bid decision, request technical clarification on the tender and design specifications, documenting the reasoning provided by the authorities.

Mitigation Actions

• Document technical and design specifications that appear to favour a preferred supplier or technology, including brand-specific or proprietary requirements without functional justification and clear equivalency
• Maintain an auditable record of technical inputs, meetings, and the rationale for decisions to bid or not bid, when technical or design specifications appear biased
• Use internal compliance escalation processes and whistleblower channels, where available, to flag cases in which bidding proposals are repeatedly prepared in response to tailored specific supplier or technology specification
• Request that authorities publish a clear justification for restrictive technical and design specifications, when this information is not publicly available
• Use formal administrative mechanisms to challenge restrictive technical and design specifications
• Avoid participating in bids where specifications are unlawfully restrictive, undisclosed, or designed to pre-select a vendor (including through late changes in specifications)

Mitigation Resources

Require conflict-of-interest declarations and documented conflict management for staff, advisers, and technical contributors involved in specification drafting or design decisions; exclude conflicted parties from the decision process until conflicts are resolved and documented.

Conflict-of-interest management and ethics controls — https://toolbox.infrastructuretransparency.org/resource/conflict-of-interest-management-and-ethics-controls/

Review publicly disclosed design and tender records, including specifications, qualification requirements, lotting decisions, and late design changes; identify restrictive requirements, missing functional justification, absent equivalency language, or unexplained revisions early.

Transparency and data disclosure standards — https://toolbox.infrastructuretransparency.org/resource/transparency-and-data-disclosure-standards/