NPM 006-2008

Requesting Entity: Light Rail Transit Authority

Issues Concern: PCAB License Requirement for Foreign Bidders



Whether or not a foreign bidder eligible to participate in government procurement activities is required to secure a license from the Philippine Construction Accreditation Board (PCAB).

[I]f LRTA determines that [its] project treated in its entirety is, in fact, a procurement of goods, then the submission of a PCAB license would no longer be necessary as the same is only required for the procurement of infrastructure projects.

x x x

[I]t must be underscored, however, that the determination of the nature of a procurement activity ultimately falls within the discretion of the procuring entity, appropriately guided by the provisions of RA 9184 and its IRR-A. Keeping this in mind, [LRTA] is still in the best position to determine the primary purpose of [its] procurement activity.