NPM 138-2013

Requesting Entity: National Economic and Development Authority (NEDA)

Issues Concern: Interpretation of Mixed Procurement



Whether the Agus 6 Hydroelectric Power Plant (Units 1 and 2) Uprating Project (Project) of the Power Sector Assets and Liabilities Management (PSALM) is considered a procurement of infrastructure project or procurement of goods as provided under Republic Act No. (RA) 9184.

The procuring entity is in the best position to determine the correct classification of its procurement based on its identified needs and the best way by which these needs may be addressed, managed, and satisfied, and that the motivation or intention of the procuring entity in pursuing the project that will determine the primary purpose of the project. Nevertheless, it 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. In this wise, the nature of a mixed procurement shall be determined by the procuring entity based on its identified primary purpose of the project.