The short answer
An outcome-based specification states what the purchased product or service must achieve and how that result will be measured, rather than naming a make or model. Write each requirement as function plus condition plus a verifiable indicator — for example, “detect and contain suspected endpoint compromise within five minutes and notify the duty analyst.” Where a reference is genuinely unavoidable, add “or equivalent,” then score tenders on evidence against those indicators rather than on vendor reputation.
Key takeaways
- An outcome-based specification describes the function, desired result and measurable indicators, not the specific design or brand
- Brand references are the exception in modern procurement law: they are allowed only when no other sufficiently precise description exists and must carry “or equivalent”
- Functional and performance specifications promote competition and innovation by leaving the technical solution to the supplier
- Non-prescriptive (outcome) specifications shift accountability for performance to the supplier, so acceptance criteria and KPIs become essential
- Prescriptiveness should match complexity: integration with an existing estate is a legitimate reason to add compatibility conditions, not a licence to name a vendor
- Over-specification reduces competition; under-specification risks incomparable or inadequate tenders, so balance both against risk and value
- A specification becomes a contract-management document: define acceptance testing, service levels and reporting up front
What “outcome-based” actually means
Procurement practice usually distinguishes three broad types of specification. A functional, outcome-based specification defines the function, duty or role of the goods or services and the result they must achieve, without prescribing how the supplier gets there. A performance specification defines what a product must be capable of doing in measurable terms, again leaving design open. A technical, descriptive or design specification fixes physical characteristics such as size, capacity, materials or construction.
For security products and services the distinction is practical, not academic. “A next-generation firewall from vendor X” prescribes a solution; “a control that blocks traffic matching a defined threat policy, logs the decision and alerts the duty team within a set time” describes a function and a measurable outcome. Guidance from jurisdictions such as Western Australia and Colorado State advises buyers to use functional and performance-based specifications wherever possible, because they leave the supplier to choose how to deliver the customer's requirement.
- Functional — what must be achieved and how it is verified
- Performance — measurable capabilities the product must have
- Technical/design — physical characteristics, drawings, materials
- Combination — function plus specific integration or design constraints
Brand references are the exception, not the rule
EU public procurement rules (Directive 2014/24/EU, Article 42) allow technical specifications to be set in terms of performance and functional requirements, or by reference to recognised technical standards. Naming a specific make, model or trademark restricts competition and is permitted only when the subject matter cannot otherwise be described sufficiently clearly and understandably — and even then the reference must be accompanied by “or equivalent.” The UK Procurement Act 2023 mirrors this position, requiring functional or performance wording wherever possible and prohibiting discriminatory specifications, including indirect ones that only one supplier's product can meet.
A spec that effectively leaves a single supplier as the only possible bidder can be challenged in review proceedings, and a missing “or equivalent” makes a reference competition-restricting. Brand naming is therefore something to avoid as a default: it narrows the field and exposes the buyer to challenge risk, whereas an outcome description widens competition and invites alternatives that still meet the measured need.
- Functional/performance wording is the preferred legal baseline
- Brand or standard references must carry “or equivalent”
- Specifications must not favour or exclude a supplier, directly or indirectly
- Discriminatory, over-narrow specs can be challenged
The recipe: function + condition + measurable indicator
To turn a need into a verifiable requirement, break it into functions and state for each one what must happen, under what conditions and to what measured standard. Instead of naming an endpoint product, write: “the solution must detect suspicious activity on managed endpoints, isolate the affected device from the network and create an unalterable event log for forensic review.”
Then attach measurable bounds with minimum or maximum values, or a fixed value where only one outcome is acceptable: “detection and isolation must complete within five minutes of first suspicious activity,” “the event log must be exportable in format X for integration with the existing SIEM.” Choose terminology and performance levels from recognised standards and technical regulations where they exist, and justify any departure from them.
Draft in plain, active language and avoid vague words such as “flexible,” “suitable” and “user-friendly,” as well as absolute promises such as “100% reliable” or “fully compatible,” which cannot be tested. Numbering each requirement makes it easy to reference during evaluation and contract management.
- Each function = action verb + condition + measurable result
- Bound values with “no less than,” “no more than” or a justified fixed value
- Use recognised terminology and standards where they exist
- Remove vague and absolute terms that cannot be tested or verified
Trade-offs: where outcome-based wording falls short
Outcome-based, non-prescriptive specifications encourage innovation and tend to deliver better value where different technical routes can reach the goal. They also shift accountability for performance to the supplier, which is fair only when the buyer can evaluate offers and verify results. For a straightforward commodity, a short functional description with a few indicators is enough; for a complex system, more detail is needed to keep tenders comparable.
Outcome wording is weakest when the solution must fit an existing integrated estate. Here the correct response is a hybrid: add compatibility and interoperability requirements as testable conditions, not as a way to smuggle in a brand. Over-specification reduces competition and raises cost; under-specification creates risk of receiving solutions that miss the real need. Decide the level of prescriptiveness deliberately, in line with the complexity, risk and value of the contract.
- Accountability for the outcome shifts to the supplier
- Hybrid specs suit integration with an existing environment
- Over-specification narrows competition; under-specification adds risk
- Set the level of detail by complexity, risk and contract value
Verification, acceptance and ongoing service levels
A specification becomes the backbone of the contract and of acceptance. Before tendering, decide what evidence proves each requirement: test results, event logs, audit reports, sample inspections — and who certifies that acceptance criteria are met. For services and support, define service-level targets such as response and resolution times, reporting cadence and escalation paths, plus the data that will be collected and how results are fed back to the supplier.
Targets must be realistic and achievable, ideally grounded through preliminary market engagement before final tendering. Good acceptance and service metrics are specific, measurable, achievable, relevant and timed, and the contract should state what happens if they are missed. Because these indicators are monitored over the life of the contract, they should be defined as precisely at the outset as the functional requirements themselves.
- Define acceptance evidence, testing and who certifies success
- Set service-level targets: response, resolution, reporting, escalation
- Specify data, cadence and feedback so KPIs are actually used
- Validate targets with the market before publishing the final tender
Applying the approach to cybersecurity buying
For security technology, describe the protective effect and how it is measured rather than the vendor. Instead of an endpoint product name, state outcomes: detection of malicious activity on endpoints and in the network, isolation of compromised devices, alerting of the duty team within a defined time, and an unalterable event record.
Do not make a specific vendor certificate a hard participation requirement, which acts as a hidden barrier. Prefer recognised standards and control frameworks with an equivalence clause, or functional and quality characteristics that several suppliers can meet. For managed detection and response or monitoring services, define results through response-time commitments, clear lines of responsibility, escalation and reporting — and let the supplier propose the underlying architecture as long as it measurably delivers the stated effect.
- Security tooling through outcomes: detection, containment, alerting, logging
- Standards as references with equivalence, not as barriers
- Services through response times, responsibilities and reporting
- Evaluate on evidence against indicators, not on vendor reputation
Put it into practice
Outcome Conversion Sheet: from need to functional requirement
Work through this checklist before publishing a tender to turn every need into a testable functional requirement with indicators, and to keep brand references out of the specification.
- Write one outcome sentence beginning “so that …” with no make or model mentioned
- Split the outcome into three to six testable functions, each with an action verb
- For each function add a condition and a measurable target (“no more than,” “no less than”)
- Rewrite every brand or model name as a function and state why any reference is necessary
- Choose terminology and values from recognised standards; justify any departure
- Where a reference is unavoidable, add “or equivalent” and describe the salient characteristics
- Remove vague terms (“flexible,” “suitable”) and absolute claims (“100%,” “fully compatible”)
- Define how each requirement is evidenced at acceptance: test, log, report, inspection
- Set contract service levels and KPIs for support, with data source and cadence
- Run the draft past two or three realistic bidders before release
- Number each requirement and avoid duplicating clauses across documents
- Align the evaluation and weighting with the published specification before issue
Questions people ask
When is it acceptable to name a brand in a tender specification?
A brand or model reference is acceptable only when the subject matter cannot be described otherwise with sufficient clarity, or when compatibility with equipment the buyer already uses genuinely requires it. In both cases the reference should be accompanied by “or equivalent,” and you should describe the salient characteristics so that substitute offers can be compared. An unsupported brand reference restricts competition and may be challenged.
How do I make a functional requirement measurable?
State the action the product must perform, the condition under which it operates and a quantifiable target — for example a maximum detection-and-response time, a minimum log-retention period or a defined export format. Use “no less than” or “no more than” bounds wherever possible, and a justified fixed value where only one outcome is acceptable. Identify the evidence that proves compliance, such as a test, log or report.
What is the difference between a functional and a performance specification?
A functional specification describes the role or task the goods or services must fulfil and the result to be achieved, without prescribing how. A performance specification defines measurable capabilities the product must deliver — throughput, uptime, response time — also leaving the design open. In practice the two are often combined: a functional outcome statement plus measurable performance indicators.
How do I avoid writing a specification that only one supplier can meet?
Draft requirements in functional or performance terms and ground them in recognised standards where they exist. Check that the set of indicators does not together describe a single product, and run the draft past several realistic suppliers during market engagement. If a proprietary reference seems unavoidable, add “or equivalent” and spell out the essential characteristics so equivalents can be fairly assessed.
Who carries the risk if an outcome is not achieved?
In a non-prescriptive, outcome-based specification the supplier is accountable for achieving the stated result, provided the buyer defines measurable acceptance criteria and service levels and does not constrain the solution unnecessarily. Where the buyer prescribes the design or brand in detail, more of the risk shifts to the buyer. Contract wording should make this allocation explicit and state the consequences of missing targets.
How should outcome requirements be managed after contract award?
Treat the specification as a living contract-management document. Agree acceptance testing, reporting formats and cadence, and the data needed to verify service levels. Hold regular review meetings, feed performance data back to the supplier, and adjust targets only through agreed change control so that measured outcomes remain meaningful over the contract term.
Sources and further reading
Sources were checked when this page was generated. Confirm changing dates, rules and prices with the original publisher.
- Энциклопедия решений. Описание объекта закупки по Закону N 44-ФЗГАРАНТ
- ФЗ-44 Статья 33. Правила описания объекта закупкиУправление судебной экспертизы по Краснодарскому краю
- Directive 2014/24/EU on public procurement (text with EEA relevance)EUR-Lex (Publications Office of the EU)
- Specification in Procurement Law 2026BOND
- Completion of Request documents – Specifications, Performance Requirements and Selection CriteriaGovernment of Western Australia
- Specification writing: Goods and services guideVictorian Government Buying for Victoria
- Developing SpecificationsColorado State University Procurement Services