2004-03-08

NPM 026-2004

Requesting Entity: Philippine Amusement and Gaming Corporation

Issues Concern: Use of the Gartner Standard in the Procurement of Software

 

Details

Whether or not the Gartner Standard may be used in the specifications in the Terms of Reference (TOR) for the procurement of Enterprise Resource Planning (ERP) software.

Since only few software companies comply with “Gartner Standard,” it clearly excludes the rest who may desire to participate in the bidding, thereby defeating the concept of competition.

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 software or program developer 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.

In this regard, although the use of the “Gartner Standard” as basis for developing the technical specifications for your agency’s procurement of ERP software may be allowed, the TOR cannot expressly include or specifically state the term “Gartner Standard” in defining the technical requirements and in determining compliance on the technical specifications.