DEpED again

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DEpED again

Post by riddler on Thu Nov 19, 2009 8:26 am

Last week the BAC Secretariat received a PR approved by the DEpEd supervisor and the Local Executive of our LGU relative to the procurement of MAPEH books from grade 1 to 4th year high school (almost 2M pesos). However, upon further examination of the PR, the BAC noticed that the books being requested by the DECS out from our LOcal School Board Funds contained a Book Title and Author.

query 1: Is the Authorship of the Book and Book Title constitute a BRand Name which is contrary to the provisions of the GPRA?

query 2: What if the DECS recommends to the LGU-BAC that these Books with their preferred author be procured
by the LGU? what are the requirements that the BAC shall be asked from their end?

Note: All of these Books contains the same Author and the same publisher, which cannot be procured from any other Bookstores according to our local DepEd.
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Re: DEpED again

Post by Niwram on Thu Nov 19, 2009 9:28 am

One of the governing principles of R.A. 9184 is ensuring competitiveness among all private contracting parties. By requiring a specific brand or a particular standard pertinent only to a certain author or title of the book as yardstick, either for a product or a set of standards, will cater to the disadvantage of bidders whose products, although not of the same brand name, can equally comply with the procuring entity’s desired output.

Additionally, The prohibition against reference to brand names is absolute since the law does not provide for any exception.

Accordingly under the principle of statutory construction, “where the law speaks in clear and categorical language, there is no room for interpretation or construction; there is only room for application” In addition, reference to brand names is prohibited by law because it restricts competition.

Moreover, the prohibition against reference to brand names applies to all kinds of procurement. Stress must be made that in the present state of the law, procurement must be based on specifications and not in a particular brand. For this reason, the procuring entity must be able to prepare its own "technical specifications" for the goods it desires to procure.
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Re: DEpED again

Post by riddler on Thu Nov 19, 2009 9:50 am

yes I understood. thanks mmp... what i would like to stressed out from my query is: Is the authorship/s of a certain Book and a Book Title be considered as a Brand Name under Section 18 of the amended IRR?
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Re: DEpED again

Post by Niwram on Thu Nov 19, 2009 10:28 am

when we will interpret Section 18, the authorship and title of a certain book is considered Brand name under the revised IRR. the Specification of characteristics and/or performance requirements as stated in the IRR shall be based on the content and how the goods are to be used not who will provide for it or what is the origin.
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Re: DEpED again

Post by Guest on Thu Nov 19, 2009 10:50 am

addition: the use of the name of the author will definitely contradicts the very essence of the RA 9184 of competitive bidding. The specification must be the content of the book and not the author, it must be generic in nature


Last edited by WormaixJr on Thu Nov 19, 2009 11:25 am; edited 1 time in total (Reason for editing : geniric - generic)

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Re: DEpED again

Post by marriola on Thu Nov 19, 2009 3:38 pm

hi everyone, am new here.
am in the same situation as ruel. can we purchase these books by resorting to direct contracting? thank
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Re: DEpED again

Post by Niwram on Thu Nov 19, 2009 5:10 pm

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.
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Re: DEpED again

Post by Guest on Thu Nov 19, 2009 5:13 pm

marriola wrote:hi everyone, am new here.
am in the same situation as ruel. can we purchase these books by resorting to direct contracting? thank


If you could justify all the conditions provided by the provision of Direct Contracting why not?

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Re: DEpED again

Post by engrjhez® on Thu Nov 19, 2009 8:24 pm

marriola wrote:hi everyone, am new here.
am in the same situation as ruel. can we purchase these books by resorting to direct contracting? thank

In addition to what has been discussed already, you must meticulously and judiciously provide enough grounds that in resorting to Direct Contracting, all you have ruled out any possible books available in the market (in some sense, worldwide) that might be used for the same purpose.

Ex: Purchase of Science Books. You cannot resort to direct contracting right away if you would say "Procurement of Science Books Titled "Science Blah Blah for Grade 6" as it can be argued later on that there are books under the same curriculum for Science other than specifically quoted. But if the book suggests that the content is really proprietary as in no other subject or content can be available in any other books elsewhere, then you can proceed.

I would say many have confused "proprietary" with the general rule on "specifications". And by focusing on copyright, we sometimes neglect common specs. Very Happy
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Re: DEpED again

Post by riddler on Fri Nov 20, 2009 8:58 am

engrjhez wrote:
marriola wrote:hi everyone, am new here.
am in the same situation as ruel. can we purchase these books by resorting to direct contracting? thank

In addition to what has been discussed already, you must meticulously and judiciously provide enough grounds that in resorting to Direct Contracting, all you have ruled out any possible books available in the market (in some sense, worldwide) that might be used for the same purpose.

Ex: Purchase of Science Books. You cannot resort to direct contracting right away if you would say "Procurement of Science Books Titled "Science Blah Blah for Grade 6" as it can be argued later on that there are books under the same curriculum for Science other than specifically quoted. But if the book suggests that the content is really proprietary as in no other subject or content can be available in any other books elsewhere, then you can proceed.

I would say many have confused "proprietary" with the general rule on "specifications". And by focusing on copyright, we sometimes neglect common specs. Very Happy

that's right engrjhez. While the BAC-TWG of our LGU is not privvy to DepEd requirements, they should provide relevant specification of the Books to the BAC Secretariat. Say, minimum number of pages, hard bound, size of the paper used including thickness,the book must be written in english with a blah blah background on the history of the Philippines, blah blah para naman hindi naka "zero-in" sa iisang supplier/author yung PR na ggawin namin.. Buti sana kung the fund is not source out from our Local appropriation at hindi na dadaan sa local BAC ang procurement.
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