Most procurement practitioners would suggest Direct Contracting (deviating from the general rule on Competitive Bidding) as the method of procurement for the procurement of legal database such as Lex Libris, e-SCRA, MyLegalWhiz, etc. But I will beg to differ.
Section 50. Direct Contracting
Direct contracting or single source procurement is a method of procurement of Goods that does not require elaborate Bidding Documents. The supplier is simply asked to submit a price quotation or a pro-forma invoice together with the conditions of sale. The offer may be accepted immediately or after some negotiations. Direct contracting may be resorted to by concerned Procuring Entities under any of the following conditions:
a) Procurement of Goods of proprietary nature which can be obtained only from the proprietary source, i.e. when patents, trade secrets, and copyrights prohibit others from manufacturing the same item;
b) When the procurement of critical components from a specific supplier is a condition precedent to hold a contractor to guarantee its project performance, in accordance with the provisions of its contract; or
c) Those sold by an exclusive dealer or manufacturer which does not have sub-dealers selling at lower prices and for which no suitable substitute can be obtained at more advantageous terms to the GoP.
Direct contracting is applicable if there is only ONE source, which is a necessary consequence of the 3 conditions enumerated. However, if the subject of procurement is available in some other form but would fall under the same generic specifications, the conditions alone are isufficient. In the case of legal database, all of the enumerated examples provide for practically the same content (Supreme Court decisions). They only differ in the manner of compilation, filtering options, or other features that entitled them each a copyright of their own.
Instead of Direct Contracting, I would suggest the more appropriate Negotiated Procurement under Section 53.6.
53.6 Scientific, Scholarly or Artistic Work, Exclusive Technology and Media Services. Where Goods, Infrastructure Projects and Consulting Services can be contracted to a particular supplier, contractor or consultant and as determined by the HoPE, for any of the following:
1. The requirement is for:
a. Work of art; commissioned work or services of an artist for a specific artist skill (e.g., Singer, poet, writer, painter, sculptor, etc.);
b. Scientific, academic, scholarly work or research, or legal services;
c. Highly-specialized life-saving medical equipment, as certified by the Department of Health (DOH);
d. Scientific, technical, economic, business, trade or legal journal, magazine, paper, subscription, or other exclusive statistical publications and references; or
e. Media documentation, advertisement, or announcement through television, radio, newspaper, internet, and other communication media.
Due to the nature of the information to be disseminated, alongside principles of transparency, efficiency and economy, award to more than one (1) supplier may be made by the Procuring Entity.
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