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Brand Names in the PO

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Brand Names in the PO

Post by firstlady_5167 on Wed Dec 16, 2009 11:25 pm

Good Evening everyone. . . just cant sleep without asking for clarification on this matter. Early this morning our BAC Members conducted a special meeting on some issues pertaining to Procurment of Drugs & Medicines. One of the TWG member insist that as per querry from DOH , Brand names of medicines should not be reflected in the Purchase Order. Is that so? All i know is that brand names is only prohibited in the PR and we even encourage suppliers to state their offered brand names in the Request for Quotations as reference & basis of the TWG for evaluation. Recommendations of the TWG and BAC is subject for Concurrence by the end-user & their chosen brand names will be the responsive bid. So if we will not specify the brand name in the PO, tendency is that supplier can deliver other brand to the end -user and may cause conflict and delayed. Please enlighten us on this matter. Thank you again and good night. . . . Sleep
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Re: Brand Names in the PO

Post by Guest on Thu Dec 17, 2009 8:46 am

Section 18 prohibits that brand name is included in the ITB but such prohibition is not extended to bidders. The Technical specification of the goods to be procured must be on its generic characteristics and not the brand name. And further more if such drug is certified by the BFAD the name of the brand doesn`t matter as long as such drug contains the same specification as of the branded one.

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Re: Brand Names in the PO

Post by sunriser431 on Thu Dec 17, 2009 10:12 am

firstlady_5167 wrote:Good Evening everyone. . . just cant sleep without asking for clarification on this matter. Early this morning our BAC Members conducted a special meeting on some issues pertaining to Procurment of Drugs & Medicines. One of the TWG member insist that as per querry from DOH , Brand names of medicines should not be reflected in the Purchase Order. Is that so? All i know is that brand names is only prohibited in the PR and we even encourage suppliers to state their offered brand names in the Request for Quotations as reference & basis of the TWG for evaluation. Recommendations of the TWG and BAC is subject for Concurrence by the end-user & their chosen brand names will be the responsive bid. So if we will not specify the brand name in the PO, tendency is that supplier can deliver other brand to the end -user and may cause conflict and delayed. Please enlighten us on this matter. Thank you again and good night. . . . Sleep
In my opinion there is no prohibition in specifying the brand names in the PO, so long this (brand) was included in the submitted Technical specs of the wining bidder,please be reminded the Technical specs will also form part of the contract, which the bidder have to comply. otherwise it will rejected upon delivery. bounce
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Re: Brand Names in the PO

Post by amang'65 on Thu Dec 17, 2009 10:20 am

ayon sa aking kurokuro:

as far as the procuring entity is concerned, we are prohited from placing brand names to a certain item unless if the item falls under exclusive dealership. for your particular case which is procurement of medicines/drugs you are suppose to place their generics only. however, for the part of the suppliers/dealers they may indicate now the brand name that satisfies the specifications of the items to be procured, therefore in the awarding the brand name offered by the winning bidder is carried out in the Purchase Order or Contract whichever the case maybe.

o sige na, tulog na my firstlady Very Happy


Last edited by amang1965 on Thu Dec 17, 2009 12:39 pm; edited 1 time in total
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Re: Brand Names in the PO

Post by sunriser431 on Thu Dec 17, 2009 10:40 am

amang1965 wrote:ayon sa aking kurokuro:

as far as the procuring entity is concerned, we are prohited from placing brand names to a certain item unless if the item falls under exclusive dealership. for your particular case which is procurement of medicines/drugs you are suppose to place their generics only. however, for the part of the suppliers/dealers they may indicate now the brand name that satisties the specifications of the items to be procured, therefore in the awarding the brand name offered by the winning bidder is carried out in the Purchase Order or Contract whichever the case maybe.

o sige na, tulog na my firstlady Very Happy
for us way downsouth hmmm, Holiday tomorrow December 18, 2009, walang pasok sa trabaho. Sleep
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Re: Brand Names in the PO

Post by Niwram on Thu Dec 17, 2009 10:45 am

Specifications for the procurement of goods shall be based on relevant characteristics and/or performance requirements. Reference to brand names shall not be allowed.

the prohibition on reference to brand names applies only to procurement of goods. Accordingly, reference to brand names is not prohibited in the procurement of infrastructure projects and consulting services.
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Re: Brand Names in the PO

Post by engrjhez® on Thu Dec 17, 2009 3:56 pm

To summarize, restriction to brand names shall be applied only to:

Goods (infra and consulting services not included in the prohibition):

  1. Invitation to Bid;
  2. The Bidding Documents (including the IB, Technical Specs, etc.);
  3. Other documents related to procurement such as but not limited to PAP, PPMP, APP, and PRs.

Should the bidder indicates a brand name in its bid, it must reflect in the Purchase Order or implicitly on Contract Agreement (since the bid proposals are integrable part of the contract).

The answer to your primary question ("Is that so?") is therefore NO and your opinion was RIGHT! Very Happy
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Re: Brand Names in the PO

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