99.2. If, in any of the situations mentioned in the second paragraph, a transit authority requires certain technical specifications, it must describe those specifications in terms of performance or functional requirements rather than in terms of descriptive characteristics. If unable to do so, the transit authority must provide that any description containing what is equivalent to descriptive characteristics will be considered compliant, and may define how equivalency to such characteristics will be evaluated.
The situations concerned are those
(1) where, in a call for tenders under section 95 or under a regulation made under section 100 or 101, or in any document referred to in such a call for tenders, a transit authority requires technical specifications with regard to goods, services or work;
(2) where, under section 96 or 96.1, a transit authority evaluates tenders submitted after a call for tenders under section 95 or under a regulation made under section 100 or 101 on the basis of the technical specifications of the goods, services or work; and
(3) where, under sections 97 and 98, a transit authority establishes a qualification, certification or registration process that takes into account the technical specifications of the goods, services or work.
Technical specifications of goods, services or work include, in particular, their physical or, as applicable, professional characteristics and attributes.