Tailor Fit Terms of Reference

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Tailor Fit Terms of Reference

Post by jenniedc on Thu Nov 08, 2012 2:20 am

Is tailor fitting to a particular brand even if the brand name is not mentioned prohibited in the IRR?

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Re: Tailor Fit Terms of Reference

Post by regina avelino on Thu Nov 08, 2012 10:08 am

"While procuring entities can make the technical specifications in their bid documents more detailed, to encourage competition, however, they cannot “tailor fit” to a particular brand."

"Inclusion in the bid documents of such detailed design and technical descriptions that leave the procuring entity no other option but to procure from a particular brand or supplier defeats the very essence and purpose of public bidding."

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Re: Tailor Fit Terms of Reference

Post by jenniedc on Thu Nov 08, 2012 7:53 pm

We raised this question about tailor fitting to the BAC of the agency. However, it was not mentioned nor answered by the BAC in the pre-bid nor in the bid bulletin. How or what venue can this issue be raised? Only one brand can comply with the Terms of Reference due to proprietary. What provision in RA 9184 it is written?

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Re: Tailor Fit Terms of Reference

Post by mojacko on Fri Nov 09, 2012 10:25 am

jenniedc wrote:Is tailor fitting to a particular brand even if the brand name is not mentioned prohibited in the IRR?

Tailor fitting is just the same as naming a certain brand because no other company can supply such brand.

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Re: Tailor Fit Terms of Reference

Post by regina avelino on Mon Nov 12, 2012 10:27 am

Section 50 of the law states that.....
Direct Contracting or single source procurement is a method of procurement of goods that does not require elaborate Bidding Documents. The supplier is simply asked to submit a price quotation or a pro-forma invoice together with the conditions of sale. The offer may be accepted immediately or after some negotiations. Direct contracting may be resorted to by concerned Procuring Entities under any of the following conditions:
a) Procurement of goods of proprietary nature which can be obtained only from the proprietary source, i.e. when patents, trade secrets, and copyrights prohibit others from manufacturing the same item;
b) When the procurement of critical plant components from a specific supplier is a condition precedent to hold a contractor to guarantee its project performance, in accordance with the provisions of its contract; or
c) Those sold by an exclusive dealer or manufacturer which does not have sub-dealers selling at lower prices and for which no suitable substitute can be obtained at more advantageous terms to the GOP.

The provision above will tell you whether the procuring entity is doing the right thing or not. If one of the condition cited above was present, then the procuring entity should have applied direct contracting. Question is why still follow public bidding when they could have employed direct contract. You are in the best position to determine whether the procurement was really tailor-fitting and in that case you may file a motion for reconsideration.

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Re: Tailor Fit Terms of Reference

Post by engrjhez® on Tue Nov 13, 2012 9:34 pm

jenniedc wrote:We raised this question about tailor fitting to the BAC of the agency. However, it was not mentioned nor answered by the BAC in the pre-bid nor in the bid bulletin. How or what venue can this issue be raised? Only one brand can comply with the Terms of Reference due to proprietary. What provision in RA 9184 it is written?

If they will not listen to your queries responsively, you may raise the issue directly to the Office of the Ombudsman.

Tailor fitting is tantamount to referring to a brand name. Under Section 18 of RA 9184:
Reference to Brand Names - Specifications for the Procurement of Goods shall be based on relevant characteristics and/or performance requirements. Reference to brand names shall not be allowed.
Also, under GPPB NPM 02-2009 dated 2009-01-09:
x x x Inclusion in the bid documents of such detailed design and technical descriptions that leave the procuring entity no other option but to procure from a particular brand or supplier defeats the very essence and purpose of public bidding. x x x
Hope it helps. Smile
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