Only Manufacturers Can Join?

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Only Manufacturers Can Join?

Post by Rick on Fri Nov 13, 2009 10:49 am

Hope someone can help me.

For procurement of goods, can the procurement agency choose that only manufacturers can join the bidding?

And trading companies are not allowed to join...

Thank you po.
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Re: Only Manufacturers Can Join?

Post by RDV @ GP3i on Fri Nov 13, 2009 11:51 am

Rick wrote:Hope someone can help me.

For procurement of goods, can the procurement agency choose that only manufacturers can join the bidding?

And trading companies are not allowed to join...

Thank you po.

Generally, the procuring entity should not discriminate bidders between, manufacturers, suppliers, distributors, or trading companies. They can all join and normally the invitation is for all "interested and eligible bidders" to join. Normally also, manufacturers do not directly participate in the bidding process, but only their authorized suppliers or distributors.

However, depending on the items being procured, particularly if the items will be customized for the procuring entity's need, then it is only logical that only manufacturers are invited.

RDV
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Re: Only Manufacturers Can Join?

Post by Rick on Fri Nov 13, 2009 1:39 pm

Thank you.

Any other comment from anyone?

Hope you can share your thoughts on this.
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Re: Only Manufacturers Can Join?

Post by Guest on Mon Nov 16, 2009 4:21 pm

Section 2 It is the policy of the GOP that
procurement of infrastructure projects, goods and consulting services shall be competitive and transparent, and therefore shall go through public bidding, except as otherwise provided in this IRR.

Section 3 b) Competitiveness by extending equal opportunity to enable private contracting parties who are eligible and qualified to participate in public bidding.

Having restrictions on the invitation on who can join is a clear violation of the RA 9184 and it's IRR

Section 65.1. Without prejudice to the provisions of R.A. 3019 and other penal laws, public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years:

e) Abuse by the Head of the Procuring Entity of his power to reject any and all bids as mentioned under Section 41 of the Act and this IRR, with manifest preference to any bidder who is closely related to him in accordance with Section 47 of the Act and this IRR.

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Re: Only Manufacturers Can Join?

Post by sunriser431 on Tue Nov 17, 2009 10:17 am

Rick wrote:Hope someone can help me.

For procurement of goods, can the procurement agency choose that only manufacturers can join the bidding?

And trading companies are not allowed to join...

Thank you po.
Consider Section 23.5 of the Revised IRR of RA#9184 which is self explanatory
23.5.1.1. The following shall be eligible to participate in the bidding for the supply of goods
a) Duly licensed Filipino citizens/sole proprietorships;
b) Partnerships duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines;
c) Corporations duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines;
d) Cooperatives duly organized under the laws of the Philippines, and of which at least sixty percent (60%) belongs to citizens of the Philippines; or
e) Persons/entities forming themselves into a joint venture, i.e., a group of two (2) or more persons/entities that intend to be jointly and severally responsible or liable for a particular contract: Provided, however, That Filipino ownership or interest of the joint venture concerned shall be at least sixty percent (60%). For this purpose,Filipino ownership or interest shall be based on the contributions of each of the members of the joint venture as specified in their JVA.
However,there are situation depending on the mandate and needs of the government agency consider Section 50 of the revised IRR of RA#9184.
a. xxxx
b. xxxx
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
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