NPM 029-2008

Requesting Entity: National Telecommunications Office - Employees Union

Issues Concern: Evaluation of TWG Report and Determination of Type of Procurement



1. Requesting GPPB to conduct a clear evaluation on the report of the TWG on the procurement.

[P]lease be informed that the GPPB, although imbued with quasi-legislative or rule-making power to determine policy directions in the area of public procurement, has no investigatory or adjudicatory powers and functions.

2. Requesting GPPB to determine whether the project is a procurement of goods or procurement of infrastructure project.

[T]he determination whether the procurement is one of goods or civil works, likewise falls within the discretion of the procuring entity. For guidance purposes, the procuring entity should take not of Sections 5 (k) and (n) of the IRR-A of R.A. 9184, for the categorical definitions of goods procurement and infrastructure procurement, respectively.

Furthermore, paragraph (p), Section 5 of the IRR-A offers an answer to questions of classification in cases involving mixed procurements. Whether an intended procurement is of goods or infrastructure, the issue necessarily involves the determination of the primary intention for which the contract is sought to be undertaken. While the procurement may have been conceived for a number of purposes or uses, that which is primary or foremost shall dictate in identifying its true nature.