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Procurement of Patented New Technology Equipment

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Procurement of Patented New Technology Equipment

Post by striker on Tue Jan 17, 2012 2:09 pm

Hi guys,

Here i am again, we were told that we are to procure a patented new technology equipment amounting approximately about Php 80M. In our informal discussion, some are telling that since it is patented and new technology, it should not pass thru public bidding (which i doubt) since its only manufactured by only one company (in the entire world, as we were told).

we will greatly appreciate your inputs related to the proper/legal procurement method to be used for this purpose and the legal basis of this. many thanks and more power every one.
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Re: Procurement of Patented New Technology Equipment

Post by jcolas on Wed Jan 18, 2012 8:37 am


Hi guys,

Here i am again, we were told that we are to procure a patented new technology equipment amounting approximately about Php 80M. In our informal discussion, some are telling that since it is patented and new technology, it should not pass thru public bidding (which i doubt) since its only manufactured by only one company (in the entire world, as we were told).

we will greatly appreciate your inputs related to the proper/legal procurement method to be used for this purpose and the legal basis of this. many thanks and more power every one..


If you say the item is patented, I would like to refer you to the appropriate section:

Section 50. Direct Contracting
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. I hope that will help.
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Re: Procurement of Patented New Technology Equipment

Post by striker on Wed Jan 18, 2012 11:03 am

copy sir, but does it still need to undergo the usual public bidding, posting at philgeps, advertisements and invitations? stuff like that sir. many thanks po.
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Re: Procurement of Patented New Technology Equipment

Post by jcolas on Wed Jan 18, 2012 9:50 pm

"striker wrote"
copy sir, but does it still need to undergo the usual public bidding, posting at philgeps, advertisements and invitations? stuff like that sir. many thanks po..
Direct Contracting is an Alternative Mode Of Procurement. You have to post it to the philGEPS for information purposes. Please refer to the Generic Procurement Manuals for Goods for a more detailed discussion on Direct Contracting
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Re: Procurement of Patented New Technology Equipment

Post by striker on Thu Jan 19, 2012 8:15 pm

copy many thanks po sir Smile
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