NPM 047-2012

Requesting Entity: Bendimil Construction and Development Corporation

Issues Concern: Mixed Procurement



Clarification on the propriety of the decision of the National Power Corporation (NPC) to classify under "Goods" the project for the Supply, Delivery, Installation, Test and Commissioning of One (1) Unit 77MVA Generator Transformer.

[W]hether an intended procurement is of goods or of 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, nevertheless for the benefit of applying the provisions of RA 9184 and its IRR, which is primary or foremost shall dictate in identifying its true nature.

[I]t appears that the procurement x x x is mixed or one that may fall under one classification, in this case goods and/or infrastructure project. The determination of the nature of the procurement activity, i.e., whether Goods or Infrastructure project, is not within the ambit of the powers of the Government Procurement Policy Board (GPPB), but is well within the authority of the procuring entity to determine as it is in the best position to identify the primary purpose of the contract .