NPM No. 093-2017

Requesting Entity: Authority of the Freeport Area of Bataan

Issues Concern: Reference to Brand Names



1.  Whether the procuring entity can indicate a brand name in the purchase of a transformer related to the upgrading of the Power Distribution System

   [I]f the Power Distribution System will admit of no other Transformer as substitute or replacement, as when the System will not perform or function in the same manner if the same brand of Transformer is not installed, then the procurement of the same brand of Transformer currently installed in the System may be initiated. However, if the Power Distribution System will run even if a different kind or brand of Transformer is installed, the exception as provided in Section 18 of the 2016 revised Implementing Rules and Regulations of Republic Act No. 9184 shall not applied.

2.  The documents or certifications needed to be prepared as attachment for the supplemental/bid bulletin

   The Supplemental/Bid Bulletin is necessary only when there are clarifications in the provisions of the bidding documents. In addition, in procuring items or parts of an existing equipment, the Procuring Entity (PE) need not attach Documents or Certifications to Supplemental/Bid Bulletins. It is the Bidder that would provide supporting documents in its Bid as part of its compliance with the Technical Specifications required by the PE, to prove that the part/s or items/s offered are compatible with the PE’s existing fleet or equipment.