COMPUTER WITH MULTIPLE BRAND NAMES

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COMPUTER WITH MULTIPLE BRAND NAMES

Post by black on Mon Sep 02, 2013 1:31 pm

Please help clarify...

We had a bidding for computers, the specifications mentioned in the bid docs does not contain brand names..after the award, the supplier delivered the items complying the specifications stated in the bid docs but the items has different brand names. the question is:

1. Is it ok if the computers delivered to us by the supplier consists of different brand names? (cpu - different brand, keyboard - different brand, monitor - different brand)

2. Is it ok if we insists to the supplier to change it to a particular brand only (one brand)?

3. if the specs were met by the supplier, pwede po ba nila tanggihan kapag nag demand kami na palitan yun ibang computer accessories na iba ang brand?

4. may violation po bang nagawa ang inspection committee kapag pinirmahan nila ang inspection report para sa procurement ng computer na iba iba ang brand names?

5. may violation po ba ang bac sa documentation na ginawa nila (specs)?

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Re: COMPUTER WITH MULTIPLE BRAND NAMES

Post by Jovinal on Mon Sep 02, 2013 8:51 pm

Section 18 of IIR may guide you . 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.
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Re: COMPUTER WITH MULTIPLE BRAND NAMES

Post by regina avelino on Tue Sep 03, 2013 9:24 am

black wrote:Please help clarify...

We had a bidding for computers, the specifications mentioned in the bid docs does not contain brand names..after the award, the supplier delivered the items complying the specifications stated in the bid docs but the items has different brand names. the question is:

1. Is it ok if the computers delivered to us by the supplier consists of different brand names? (cpu - different brand, keyboard - different brand, monitor - different brand)

2. Is it ok if we insists to the supplier to change it to a particular brand only (one brand)?

3. if the specs were met by the supplier, pwede po ba nila tanggihan kapag nag demand kami na palitan yun ibang computer accessories na iba ang brand?

4. may violation po bang nagawa ang inspection committee kapag pinirmahan nila ang inspection report para sa procurement ng computer na iba iba ang brand names?

5. may violation po ba ang bac sa documentation na ginawa nila (specs)?

My opinion on the matter. during the bid submission and opening of the bid, the prospective bidders submits their offer and such offer indicates the brand name of the goods being tendered. The law says that the procuring entity is prohibited to indicate the brand name and only the performance requirement and relevant characteristics. on the other hand, the prospective bidder tenders the goods complying with the technical specifications required by the procuring entity and this time the former indicates the brand that he is tendering and this can be found in the data sheet, brochure and the like.

If the bid tenders of the bidder is a different brand found by the procuring entity during post qualification and/or most relevant during the delivery, then in my opinion, then the bidder should be disqualified and/or not to accept delivered goods.

In your instant case, if I were you, I would not accept the delivery.

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Re: COMPUTER WITH MULTIPLE BRAND NAMES

Post by black on Tue Sep 03, 2013 11:04 am

regina avelino wrote:
black wrote:Please help clarify...

We had a bidding for computers, the specifications mentioned in the bid docs does not contain brand names..after the award, the supplier delivered the items complying the specifications stated in the bid docs but the items has different brand names. the question is:

1. Is it ok if the computers delivered to us by the supplier consists of different brand names? (cpu - different brand, keyboard - different brand, monitor - different brand)

2. Is it ok if we insists to the supplier to change it to a particular brand only (one brand)?

3. if the specs were met by the supplier, pwede po ba nila tanggihan kapag nag demand kami na palitan yun ibang computer accessories na iba ang brand?

4. may violation po bang nagawa ang inspection committee kapag pinirmahan nila ang inspection report para sa procurement ng computer na iba iba ang brand names?

5. may violation po ba ang bac sa documentation na ginawa nila (specs)?

My opinion on the matter.  during the bid submission and opening of the bid, the prospective bidders submits their offer and such offer indicates the brand name of the goods being tendered.  The law says that the procuring entity is prohibited to indicate the brand name and only the performance requirement and relevant characteristics. on the other hand, the prospective bidder tenders the goods complying with the technical specifications required by the procuring entity and this time the former indicates the brand that he is tendering and this can be found in the data sheet, brochure and the like.  

If the bid tenders of the bidder is a different brand found by the procuring entity during post qualification and/or most relevant during the delivery, then in my opinion, then the bidder should be disqualified and/or not to accept delivered goods.

In your instant case, if I were you, I would not accept the delivery.
madam regina..the problem is they dont submit any brand name on the bid opening..what they submit was a statement of compliance under sec 7 of the bid docs...based on the given specifications..

1. are they compelled to submit brand name in their bid proposal?

2. if they just issue statement of compliance on the technical specifications, was it not enough?

3. was there a violation if the component of an item procured composed of multiple brands? are there rules mentioned in the IRR with regards to subject matter?...please help

thank you in advance and more power..Smile
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Re: COMPUTER WITH MULTIPLE BRAND NAMES

Post by salao on Tue Sep 03, 2013 4:38 pm

For number 1 - they should be, and for the TWG to have easier cross reference if they really are offering the same as your requirements.

For number 2 - Bidders must state either “Comply” or “Not Comply” against each of the individual parameters of each Specification stating the corresponding performance parameter of the equipment offered. Statements of “Comply” or “Not Comply” must be supported by evidence in a Bidders Bid and cross-referenced to that evidence. Evidence shall be in the form of manufacturer’s un-amended sales literature, unconditional statements of specification and compliance issued by the manufacturer, samples, independent test data etc., as appropriate. A statement that is not supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid under evaluation liable for rejection. A statement either in the Bidders statement of compliance or the supporting evidence that is found to be false either during Bid evaluation, post-qualification or the execution of the Contract may be regarded as fraudulent and render the Bidder or supplier liable for prosecution subject to the provisions of ITB Clause 3.1(a)(ii) and/or GCC Clause 2.1(a)(ii).
For number 3 - i think there is no provision.
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Re: COMPUTER WITH MULTIPLE BRAND NAMES

Post by regina avelino on Wed Sep 04, 2013 9:13 am

black wrote:
regina avelino wrote:
black wrote:Please help clarify...

We had a bidding for computers, the specifications mentioned in the bid docs does not contain brand names..after the award, the supplier delivered the items complying the specifications stated in the bid docs but the items has different brand names. the question is:

1. Is it ok if the computers delivered to us by the supplier consists of different brand names? (cpu - different brand, keyboard - different brand, monitor - different brand)

2. Is it ok if we insists to the supplier to change it to a particular brand only (one brand)?

3. if the specs were met by the supplier, pwede po ba nila tanggihan kapag nag demand kami na palitan yun ibang computer accessories na iba ang brand?

4. may violation po bang nagawa ang inspection committee kapag pinirmahan nila ang inspection report para sa procurement ng computer na iba iba ang brand names?

5. may violation po ba ang bac sa documentation na ginawa nila (specs)?

My opinion on the matter.  during the bid submission and opening of the bid, the prospective bidders submits their offer and such offer indicates the brand name of the goods being tendered.  The law says that the procuring entity is prohibited to indicate the brand name and only the performance requirement and relevant characteristics. on the other hand, the prospective bidder tenders the goods complying with the technical specifications required by the procuring entity and this time the former indicates the brand that he is tendering and this can be found in the data sheet, brochure and the like.  

If the bid tenders of the bidder is a different brand found by the procuring entity during post qualification and/or most relevant during the delivery, then in my opinion, then the bidder should be disqualified and/or not to accept delivered goods.

In your instant case, if I were you, I would not accept the delivery.
madam regina..the problem is they dont submit any brand name on the bid opening..what they submit was a statement of compliance under sec 7 of the bid docs...based on the given specifications..

1. are they compelled to submit brand name in their bid proposal?

2. if they just issue statement of compliance on the technical specifications, was it not enough?

3. was there a violation if the component of an item procured composed of multiple brands? are there rules mentioned in the IRR with regards to subject matter?...please help

thank you in advance and more power..Smile
Noted on your case that the bidder did not indicate the brand.

1. They are not compelled to submit brand name in their proposal for as long as they comply with the performance requirement/technical specs;
2. In reference to Philippine Bidding Documents for the procurement of goods states that "Bidders must state here either “Comply” or “Not Comply” against each of the individual parameters of each Specification stating the corresponding performance parameter of the equipment offered. Statements of “Comply” or “Not Comply” must be supported by evidence in a Bidders Bid and cross-referenced to that evidence. Evidence shall be in the form of manufacturer’s un-amended sales literature, unconditional statements of specification and compliance issued by the manufacturer, samples, independent test data etc., as appropriate. A statement that is not supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid under evaluation liable for rejection. "
Thus, submission of statement of compliance only is not enough during bid submission;
3. There is no violation if they delivered unbranded goods or multiple brands for as long as the performance requirements/technical specifications are compliant;

In my previous post, if the bidder delivered a different brand not in conformity with the brands indicated in the bidders bid submission then, you can reject acceptance.

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Re: COMPUTER WITH MULTIPLE BRAND NAMES

Post by black on Wed Sep 04, 2013 5:58 pm

thank you...very well said
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Re: COMPUTER WITH MULTIPLE BRAND NAMES

Post by regina avelino on Thu Sep 05, 2013 10:51 am

just a follow up discussion. I believe that the procuring entity is not prohibited to indicate on its technical specification the word "BRANDED" goods to be procured. The law prohibits the procuring entity to specify the exact brand name by mentioning "COMPAQ", "ACER", "ASUS" etcetera. It is up to the bidder to offer branded goods for as long as the tech specs / performance characteristics are complied with. Though we have not done this before, i believe this is acceptable practice.

Need your opinion on this.

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