Requesting Entity: National Food Authority
Issues Concern: Procurement of In-House Training/Seminar on Transformational Leadership and Management Program
1. Whether or not Section 18 of the IRR-A of R.A. 9184 applies to all types of procurement.
Section 18 of the IRR-A requires that specifications for the procurement of goods be based on relevant characteristics and/or performance requirements; and prohibits reference to brand names. Section 18 of the IRR-A specifically provides as follows:
Specifications for the procurement of goods shall be based on relevant characteristics and/or performance requirements. Reference to brand names shall not be allowed.
It is apparent from the above-quoted provision that the prohibition on reference to brand names applies only to procurement of goods. Accordingly, reference to brand names is not prohibited in the procurement of infrastructure projects and consulting services.
2. Whether or not the procurement of an in-house training/seminar for “Transformational Leadership and Management Program” may be considered a procurement of consulting services.
Based on all the foregoing (Section 5(f) and Annex “B,” IRR-A, R.A. 9184), we are of the opinion that the training/seminar for “Transformational Leadership and Management Program” falls under the management and related services category of consulting services; and thus exempted from the application of the prohibition on brand names under Section 18 of the IRR-A. It is noteworthy that this type of procurement project may be procured through Limited Source Bidding if it is, as represented, offered by only few consultants.