2012-10-08

NPM 125-2012

Requesting Entity: Bacolod City Water District (BCWD)

Issues Concern: Reference to Brand Names

 

Details

Whether a non-unidirectional feature of a water meter is tantamount to making reference to a particular brand name.

[T]hat a technical specification in the Bidding Documents providing for a non-unidirectional water meter will only fall within the prohibition under Section 18 of the IRR if such feature is found only in a particular brand and is not available in any other brand. Otherwise, if said feature can be found in other brands, there would be no violation of Section 18 of the IRR. In such a situation, the questioned feature is considered as a "relevant characteristic and/or performance requirement" necessary to describe the water meter sought to be procured.