Reference to Brand Name is not allowed for Procurement of Goods Section !8 RA 9184

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Reference to Brand Name is not allowed for Procurement of Goods Section !8 RA 9184

Post by artlayug on Fri Sep 28, 2012 5:25 pm

Question: If reference to brand name is not allowed under section 18 RA 9184 for the Procurement of Goods. Is it allowed for the Procurement of Infrastructure?

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Re: Reference to Brand Name is not allowed for Procurement of Goods Section !8 RA 9184

Post by elib on Fri Sep 28, 2012 5:40 pm

artlayug,

welcome to the forum,

Question: If reference to brand name is not allowed under section 18 RA 9184 for the Procurement of Goods. Is it allowed for the Procurement of Infrastructure?
no, it is not allowed for both, as they are both covered by the same rules and guidelines....

cheers....
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Re: Reference to Brand Name is not allowed for Procurement of Goods Section !8 RA 9184

Post by engrjhez® on Mon Oct 01, 2012 5:10 pm

artlayug wrote:Question: If reference to brand name is not allowed under section 18 RA 9184 for the Procurement of Goods. Is it allowed for the Procurement of Infrastructure?
Yes. It is a well settled rule on Statutory Construction that when there is an express mention of one thing or subject, it excludes all others not mentioned. Expressio unius est exclusio alterius.

But come to think of this: Are there instances when infra projects are branded? Are there consulting services that are branded? The answer must lead to the rationale. Smile


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Re: Reference to Brand Name is not allowed for Procurement of Goods Section !8 RA 9184

Post by elib on Mon Oct 01, 2012 5:31 pm

whew..... scratch

Expressio unius est exclusio alterius..... is this spanish or latin...

im not a student of law, but could you please brush the words in laymans term.

cheers...
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Re: Reference to Brand Name is not allowed for Procurement of Goods Section !8 RA 9184

Post by engrjhez® on Mon Oct 01, 2012 5:40 pm

elib wrote:whew..... scratch

Expressio unius est exclusio alterius..... is this spanish or latin...

im not a student of law, but could you please brush the words in laymans term.

cheers...

Latin.

x x x when there is an express mention of things or subjects, it excludes all others not mentioned. Expressio unius est exclusio alterius.
Sorry for the inconvenience. The underlined is the meaning. Smile
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Re: Reference to Brand Name is not allowed for Procurement of Goods Section !8 RA 9184

Post by elib on Mon Oct 01, 2012 6:03 pm

thank you engrjhez® for the clarrification....

but can we dig more deeper on this. it is my understanding that, what has been asked even if it is not literally shown on the query, he is asking for the branding of the hard components or parts of the procurement of infrastructure....isn't it.... not the broad concept of procurement of construction or consulting services...


cheers....
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Re: Reference to Brand Name is not allowed for Procurement of Goods Section !8 RA 9184

Post by engrjhez® on Mon Oct 01, 2012 6:14 pm

elib wrote:thank you engrjhez® for the clarrification....

but can we dig more deeper on this. it is my understanding that, what has been asked even if it is not literally shown on the query, he is asking for the branding of the hard components or parts of the procurement of infrastructure....isn't it.... not the broad concept of procurement of construction or consulting services...


cheers....

If there is a mixed procurement, only the components containing Goods are covered by the prohibition. Infra Project is actually an indispensable combination of goods and services. Consulting is generally services with some deliverables/output that may be considered goods. From there we can derive the conclusion that services may not entirely be covered by the prohibition. Prohibition of brands for items, not for services.

There may be some extraordinary exceptions. But that is the general rule. Smile
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