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changing brands

Post by sniper930 on Fri Aug 03, 2012 2:31 pm

the NOA issued to the bidder stated the brand offered by the bidder. however, there was a business misunderstanding between the bidder and the manufacturer of its offered item, with the latter refusing to deliver the item to the bidder.

i am correct to say that, in the given scenario, the bidder can offer a different brand PROVIDED that the new brand complies with the brand it previously offered AND at no additional cost to the PE?

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Re: changing brands

Post by regina avelino on Fri Aug 03, 2012 2:46 pm

In the first place, reference to brand name is prohibited under the revised IRR of RA9184. Without any additional cost, the BIDDER should deliver the goods complying with the TECHNICAL SPECIFICATIONs as required in the bidding documents. We have no business whatsoever with the transactions between the bidder and its manufacturer/supplier/importer. What is important is that the bidder's technical proposal complying with the specs as required.

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Re: changing brands

Post by sniper930 on Fri Aug 03, 2012 4:31 pm

regina avelino wrote:In the first place, reference to brand name is prohibited under the revised IRR of RA9184. Without any additional cost, the BIDDER should deliver the goods complying with the TECHNICAL SPECIFICATIONs as required in the bidding documents. We have no business whatsoever with the transactions between the bidder and its manufacturer/supplier/importer. What is important is that the bidder's technical proposal complying with the specs as required.

the reference to the brand name was lifted only from the bid submitted by the bidder. in fairness to the PE, there was no brand mentioned in the bid docs. perhaps, it just copied the brand name stated in the bid.

since this is the scenario right now, should the winning bidder inform the end-user that it will be delivering another brand instead? and since this already the contract implementation stage, am i correct to say that the matter need not pass thru the BAC?

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Re: changing brands

Post by regina avelino on Fri Aug 03, 2012 4:44 pm

noted sir sniper930. regardless of the brand the supplier will deliver, inspect the goods and check whether is complies with the specifications required in the bidding. reject if it is below the requirement but accept if equal or greater that the specs needed. No need to pass thru the BAC on this case as this is already implementation/delivery stage already.

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Re: changing brands

Post by sniper930 on Fri Aug 03, 2012 4:48 pm

one last thing....should the bidder inform the end-user that it will be delivering a different brand? from the initial talks with the end-user, it appears that they are expecting the brand offered by the bidder. we are apprehensive that the end-user may not accept other brands (although i know that they have no right to do so). just to let them know beforehand that another brand will be delivered instead.

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Re: changing brands

Post by regina avelino on Fri Aug 03, 2012 4:58 pm

No need po sir.

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Re: changing brands

Post by sniper930 on Fri Aug 03, 2012 5:05 pm

thanks so much for your time, ma'am!!! Very Happy

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Re: changing brands

Post by RDV @ GP3i on Sat Aug 04, 2012 8:58 am

sniper930 wrote:one last thing....should the bidder inform the end-user that it will be delivering a different brand? from the initial talks with the end-user, it appears that they are expecting the brand offered by the bidder. we are apprehensive that the end-user may not accept other brands (although i know that they have no right to do so). just to let them know beforehand that another brand will be delivered instead.

The winning supplier has to inform the procuring entity of its inability to deliver in its offer, more specifically the brand it offered in its technical proposal. Delivering a brand different from its offer, which was the basis of the award made by the procuring entity to it, would be a violation of its offer. Its offer may include manufacturers manuals for the brand it originally offered, the manufacturers guarantee, etc. Therefore, offering a different brand could be considered a substantial or material deviation from its original offer.

It is not just a matter of change of brand. Compliance to the specifications has to be determined, but how will now the BAC subject the different brand to the same post-qualification process the original brand was subjected to when an award has already been made?
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Re: changing brands

Post by sniper930 on Mon Aug 06, 2012 1:41 pm

RDV @ GP3i wrote:
The winning supplier has to inform the procuring entity of its inability to deliver in its offer, more specifically the brand it offered in its technical proposal. Delivering a brand different from its offer, which was the basis of the award made by the procuring entity to it, would be a violation of its offer. Its offer may include manufacturers manuals for the brand it originally offered, the manufacturers guarantee, etc. Therefore, offering a different brand could be considered a substantial or material deviation from its original offer.

It is not just a matter of change of brand. Compliance to the specifications has to be determined, but how will now the BAC subject the different brand to the same post-qualification process the original brand was subjected to when an award has already been made?

we decided to write a letter to the end-user, informing them of the change in the brand of the item to be delivered, together with a comparison of the original offer and the new offer, so as to show that the new brand to be offered complies with the technical specs. as a matter of fact, the new brand is even superior to the original brand. the primary reason for the change of brand is the falling out between the bidder and the original manufacturer, such that the after sales services will be adversely affected. rather than the bidder delivering the original offer, we thought it best to just deliver a different, but better, brand instead.

since the matter is already at the contract implementation stage, the BAC no longer has any part in it since their participation ends when they recommend the award of the project to the winning bidder.

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Re: changing brands

Post by RDV @ GP3i on Mon Aug 06, 2012 3:23 pm

sniper930 wrote:
RDV @ GP3i wrote:
The winning supplier has to inform the procuring entity of its inability to deliver in its offer, more specifically the brand it offered in its technical proposal. Delivering a brand different from its offer, which was the basis of the award made by the procuring entity to it, would be a violation of its offer. Its offer may include manufacturers manuals for the brand it originally offered, the manufacturers guarantee, etc. Therefore, offering a different brand could be considered a substantial or material deviation from its original offer.

It is not just a matter of change of brand. Compliance to the specifications has to be determined, but how will now the BAC subject the different brand to the same post-qualification process the original brand was subjected to when an award has already been made?

we decided to write a letter to the end-user, informing them of the change in the brand of the item to be delivered, together with a comparison of the original offer and the new offer, so as to show that the new brand to be offered complies with the technical specs. as a matter of fact, the new brand is even superior to the original brand. the primary reason for the change of brand is the falling out between the bidder and the original manufacturer, such that the after sales services will be adversely affected. rather than the bidder delivering the original offer, we thought it best to just deliver a different, but better, brand instead.

since the matter is already at the contract implementation stage, the BAC no longer has any part in it since their participation ends when they recommend the award of the project to the winning bidder.

That is right, the BAC's responsibility has already ended with the award. It is now up to the end-user if it will accept the replacement brand.
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Re: changing brands

Post by regina avelino on Mon Aug 06, 2012 4:55 pm

thank you sir for the correction on the changing of brands.

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