Requesting Entity: HERI Consulting, Inc. (HERI)

Issues Concern: Reference to Brand Names

Details

Whether reference to brand name in relation to the engine of a specific brand of vehicle is allowed to be included in the bidding documents.

Section 18 of the IRR of RA 9184 imposes an absolute prohibition on reference to brand names. x x x, in specifying the goods sought to be procured, reference to brand names is prohibited. The prohibition is absolute in its terms and bars any exception as it is restrictive or preventive of any healthy competition and creates an uneven playing field. What PE may prudently do is to judiciously prepare its “technical specifications” so that it is instead bound by the technical nature of the item to be procured rather than by its brand. Hence, what may be allowed under Section 18 of the IRR are specifications based on relevant characteristics and performance requirement.