NPM No. 116-2016
Requesting Entity: Biodiversity Management Bureau
Issues Concern: Technical Specifications
Whether it is allowed to include in the Technical Specifications for the procurement of laptops the following requirements: "Branded computer laptop must be globally known brand and at least top five worldwide vendor as per latest 2016 IDC Report."
At the outset, we would like to clarify that the Government Procurement Policy Board and its Technical Support Office render policy and non-policy matter opinions, respectively, on issues purely pertaining to the interpretation and application of procurement laws, rules and regulations. We do not have the authority under law to instruct procuring entities on how to proceed with their respective ongoing procurement activities. In this regard, we shall limit our discussion on the relevant procurement rules and regulations pertinent to the issue presented.
[T]he procuring entity cannot specifically indicate as a requirement in the technical specifications that the goods to be offered by the bidder must be globally known as it runs counter to the very essence and principle of competition, and to the prohibition against reference to brand names.