Requesting Entity: Road Board (RB)

Issues Concern: Classification of Procurement

Details

Whether installation of reflective pavement markings should be considered as procurement of goods or infrastructure project.

[T]he Procuring Entity (PE) is in the best position to determine the correct classification of its procurement based on its identified needs, but should be guided by the parameters and conditions in the relevant provisions of RA 9184 and its IRR on what should be considered as goods, infrastructure project, and consulting services.

It is our considered view that if the project is solely for the procurement of reflective pavement markings, it could be treated as procurement of goods. Otherwise, if the project includes the installation of said markings, it becomes a mixed procurement involving goods and works procurement, the nature of the procurement will be dictated by the primary purpose of the contract.