NPM 044-2008

Requesting Entity: Power Dimension Inc.

Issues Concern: Mixed Procurements



Whether or not a project may be classified as Goods even though it requires construction of steel structure, construction of a power house, architectural works and installation, testing, and commissioning of substation equipment.

Under Section 5(p) of the IRR-A of R.A. 9184, when a particular project falls under the definition of goods and infrastructure projects, the procuring entity is mandated to determine the nature of the procurement based on the primary purpose of the contract.

Hence, the procuring entity is in the best position to determine the primary intention and/or purpose for which the contract is sought to be undertaken. While the procurement may have been conceived for a number of purposes or uses, the primary purpose of the contract, as determined by the procuring entity, shall dictate the nature of the existing procurement activity.