Requesting Entity: Endure Medical, Inc.

Issues Concern: Origin of Goods

Details

Whether the origin of goods to be procured can be restricted under Clause 7, Instruction to Bidders (ITB), of the Philippine Bidding Documents.

[A]lthough procuring entities are given leeway in formulating the Technical Specifications, they cannot limit the origin of goods to their preferred countries of origin nor to preferred regions, e.g. North America, Europe, etc., which in effect limits the market operators to specific countries in such regions, to the exclusion of other market participants from other countries.

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The rules on Origin of Goods in Clause 7 of the BDS may only be changed depending on the applicable rule of the Institution funding the procurement activity; while the same Clause 7 of the BDS for Government of the Philippines (GOP) funded projects, governed by RA 9184 and its IRR, shall reflect the sentence — “No further instructions”.