Bid item specifications embodied in the MOA of the funding agency

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Bid item specifications embodied in the MOA of the funding agency

Post by suizoph on Mon May 21, 2012 3:53 pm

This query emanates from the issues concerning procurement of Agricultural Machineries for the farmers of the Iloilo Provincial Government funded through the Philippine Center for Postharvest Development and Mechanization or (PHILMEC) jointly implemented with the Department of Agriculture and the Iloilo Provincial Government (IPG). The Memorandum of Agreement signed by the parties (DA RO 6, IPG and PHILMEC) specifies brand preferences (Ex. 7hp diesel engine, water cooled Japanese-based technology) and some limitations on the specifications leading towards limiting the chance of other bidders to join.

May I therefore be clarified whether the IPG is bound to abide by the MOA signed in terms of specifications even if it refers to a brand and limits the chance of other bidders to join? Are we allowed to incorporate all the specifications in the MOA in our Invitation to Bid?



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Re: Bid item specifications embodied in the MOA of the funding agency

Post by jcolas on Tue May 22, 2012 11:14 am

"suizoph wrote"

...May I therefore be clarified whether the IPG is bound to abide by the MOA signed in terms of specifications even if it refers to a brand and limits the chance of other bidders to join? Are we allowed to incorporate all the specifications in the MOA in our Invitation to Bid?
First of all, I am sure all the signatories to the MOA are all government agencies. If that is the case, Section 4.1 of the IRR of RA9184 mandates that we follow the provisions of the GPRA especifically Section 18 which disallows reference to brand names.
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