Requesting Entity: Philippine Contractors Accreditation Board (PCAB)
Issues Concern: Classification of Procurement
Who determines the procurement to be undertaken by the procuring entity.
The Procuring Entity (PE) is in the best position to determine the correct classification of its procurement based on its identified needs, with a concomitant duty that it be guided by the parameters and conditions in the relevant provisions of Republic Act No. (RA) 9184 and its revised Implementing Rules and Regulations (IRR) on what should be considered as goods, infrastructure project, and consulting services. The decision of the PE in the determination of the nature of procurement necessarily carries with it the decision to use the applicable rules for that particular procurement type.
Whether a PCAB License must be submitted as part of the eligibility requirements in the case of procurement of infrastructure project.
Under Section 23.1(a) of the revised IRR of RA 9184, a valid PCAB license and registration shall only be required in the case of procurement of infrastructure projects. Consequently, the imposition of PCAB license as an eligibility requirement will depend on whether the PE classifies its procurement as an infrastructure project or not. If the procurement is classified as an infrastructure project, a valid PCAB license and registration for the type and cost of the contract to be bid must be submitted by the bidders as part of the eligibility requirements. On the other hand, such eligibility requirement need not be submitted for the procurement of goods and consulting services.