It's not unfairly excluding a specific manufacturer if it's a reasonable requirement. Something like "no service vendor lock-in" and "firmware can't be silently

It's not unfairly excluding a specific manufacturer if it's a reasonable requirement. Something like "no service vendor lock-in" and "firmware can't be silently updated remotely" would do the trick and either: 1) Newag would refuse to participate; 2) Newag would not do the same shit under the new contract; 3) Newag would do the same shit, easily found in direct breach of contract, then excluded for a few rounds of tenders on the basis of past breaches and/or active litigation.