May a Procuring Entity resort to Direct Contracting based on the following:
Agency A is currently procuring a Machine for their plant. The PE stated in their Special Conditions of Contract that the Winning Bidder (Supplier) shall ensure that Spare parts for the machine shall be available (locally and abroad) within 5 years from delivery and acceptance. Should the PE encounter trouble within the 5 years agreed after the warranty period (which is 2 years warranty period). Since the spare part/s is essential to the optimum operations of the machine delivered, can the PE resort to Direct Contracting to the same Supplier who delivered the Machine to the PE?