Section 36Sec./Art. 36

Direct Sales. - A mode of procurement of non-CSEs where a Procuring Entity directly purchases from a supplier that has satisfactorily delivered non-CSEs to another government agency under a completed contract. Direct sales may only be resorted to when all of the following conditions are met:

(a) The procurement contract by the original govenrment agency that procured the non-CSEs was awarded through bidding;

(b) The government agency that originally procured the non-CSEs has inspected and accepted the same, and has issued a certification that the supplier has satisfactorily performed its obligations under the contract;

(c) The procurement for the same non-CSEs by the Procuring Entity shall only be initiated once within six (6) months from the acceptance of the non-CSEs by the original government-agency;

(d) The contract to be executed between the Procuring Entity and the supplier must be within the amount of the contract executed with the original government agency, and that the supplier must offer the non-CSEs to the Procuring Entity at the same or lower unit price offered to the original government agency; and

(e) The supplier agreed to the terms offered by the Procuring Entity and remains legally, technically, and financially capable to undertake the contract with the Procuring Entity.

For purposes of this provision, the original government agency shall provide a copy of the relevant procurement documents and papers with the Procuring Entity for procurement, budgeting, accounting, and auditing purposes.