Requesting Entity: Mount Sinai Scientific and Pharmaceutical Supply

Issues Concern: Reference to Brand Names

Details

Whether reference to brand name in the bidding documents for the procurement of Rapid Plasma Reagent is allowed.

Section 18 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184 provides an absolute prohibition as regards reference to brand names. x x x it would be prudent for the Procuring Entity (PE) to judiciously prepare its “technical specifications” so that it is bound by the technical nature of the item to be procured rather than by its brand. Section 18 of the IRR allows the inclusion of specifications based on relevant characteristics and performance requirement.

Whether the Procuring Entity (PE) may refuse the delivery of an item, which is compliant with the technical specifications provided for in the Bidding Documents.

[A]s long as the bidder complies with the technical specifications stated in the Bidding Documents or in the Purchase Order (PO) and offers the corresponding bid price that is below the approved budget for the contract, then it may be declared as the Lowest Calculated and Responsive Bid.

[T]he PE cannot refuse to accept the delivery of an item, which is compliant with the technical specifications provided for in the Bidding Documents.