Section 79. Domestic Preference. - Subject to the provisions of Republic Act No. 11981 or the "Tatak Pinoy (Proudly Filipino) Act", the Procuring Entity shall give priority and preference to the Philippine products and services: Provided, That the preference and priority for Philippine products shall be guaranteed upon all levels of the procurement process, including raw materials, ingredients, supplies or fixtures.
The Procuring Entity shall award to the domestic bidder if the bid is not more than twenty-five (25%) in excess of the lowest foreign bid. The margin of preference provided herein shall be subject to a periodic review and adjustment by the GPPB, as may be necessary.
The priority and preference established herein may be waived should any of the following conditions be present:
when domestic production is insufficient or unavailable in the required commercial quantities;
when the specific or desired quality is not met;
when the priority and preference will result in inconsistencies with the Philippines' obligations under international agreements; and
other analogous circumstances.