A Notice to Proceed was issued by the City and duly received by the supplier on
December 4, 2025.
8.8 Further review revealed that on December 18, 2023, the supplier requested for the
approval to change the brand and packaging of 40 items of its bid. Upon the
recommendation of the City Health Officer, the City Mayor approved the request.
Hence, on December 27, 2023, the supplier delivered the drugs and medicines
totaling ₱5,964,085.88 (Appendix K), as summarized below:
Amount for Delivered Items
No. of Brand
Particulars According Names/
Medicines Total
to Contract Packaging
Changed
Drugs and Medicines
delivered according to 49 3,068,937.00 3,068,937.00
contract
Incomplete deliveries
(brand names according to 9 738,982.00 738,982.00
contract
Mixed deliveries with
brand names according to 10
contract and changed 325,184.00 244,444.00 569,628.00
brand names
Brand names changed 24 1,302,465.00 1,302,465.00
Packaging not in
accordance with
specifications in the 2 21,784.00 21,784.00
contract
Incomplete delivery and
brand names changed 2 243,399.88 243,399.88
Mixed brands and
different packaging from 1 8,930.00 8,930.00
the contract
Mixed brand and delivered
capsules instead of tablets 1 9,960.00 9,960.00
Total 98 4,133,103.00 1,830,982.88 5,964,085.88
8.5 On the date of delivery, the winning bidder submitted an Affidavit stating that
certain items could no longer be sourced from multinational or generic companies
in the specified packaging, as ordered. Further review of the document showed that
the changes in brand names were due to the original brands listed in the Request
for Quotation (RFQ) run out of stock, while the replacement in packaging resulted
from the unavailability of the specified packaging in the market. It was noted that
40 items or 41 per cent of the items delivered did not conform to the items in the
contract, which is considered to be substantial amendment of the contract.
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