Requesting Entity: Commission on Audit

Issues Concern: Reference to Brand Names

Details

Is [p]reference to brand names for the materials in Infrastructure Projects covered by Section 18 of the IRR-A of RA 9184?

Can Procuring Entity (PE) indicate brand names in the Technical Specifications for Infrastructure Project?

[T]he provisions of Section 18 of the IRR of RA 9184 remain the same, to wit:

“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 against reference to brand names applies only to procurement of goods. Consequently, materials included in the procurement of Infrastructure Projects are beyond the ambit of the prohibition. This is on the assumption that the infrastructure materials were procured together with the Infrastructure Project itself. However, it would be different if the infrastructure materials will be procured separately from the Infrastructure Project. In which case, the procurement of infrastructure materials may be considered as Procurement of Goods that is covered by the restriction against reference to brand names.