negotiated procurement

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negotiated procurement

Post by bramirez on Mon Jul 13, 2009 11:27 pm

I would like to solicit your opinion regarding the Request for Quotation posted by DepED Nueva Viscaya with reference number 891815 to wit:

Description :

The agency wish to purchase Konica Minolta Digital Full Color Copier and the exclusive dealer of the mentioned item is U-bix Corporation.

Procurement Mode: Negotiated Procurement.

Question:
1. Does this not violate section 18 of RA 9184? reference to brand name
2.Is negotiated purchase allowed in this case wherein there are lots of Digital Copiers with similar specs as with Konica Minolta that is available in the market?
If this is wrong, is there a way to correct the procuring entity?
Thank you very much
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Re: negotiated procurement

Post by riddler on Tue Jul 14, 2009 9:47 am

Reference to Brand Names are not allowed. The Procuring Entity should instead provide specifications for the purchase of good sans the brand. if this a capital outlay/office equipment above 50k, this should have been bidded Competitively.

The BAC should remove the brand to correct the process.
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Re: negotiated procurement

Post by RDV @ GP3i on Tue Jul 14, 2009 11:29 am

bramirez wrote:
The agency wish to purchase Konica Minolta Digital Full Color Copier and the exclusive dealer of the mentioned item is U-bix Corporation.

Procurement Mode: Negotiated Procurement.

Aside from violation of the "No reference to brand name" rule under Sec. 18 of RA 9184, the exclusive dealer of the item (U-bix Corporation) is "exclusive dealer" only with respect to "Konica Minolta" brand of copier. There are other copiers in the market; hence 'Direct Contracting' (the more applicable procurement mode for "exclusive" manufacturers/distributors) or even Negotiated Procurement (although I don't seem to see under what conditions), would not be applicable. The proper mode of procurement is really Public Bidding.
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