Question & AnswerQ&A (MEMORANDUM ORDER NO. 144)
The memorandum reminds all heads of National Government agencies, government-owned and controlled corporations, and local government units to faithfully comply with Section 13, Article V of Republic Act No. 9184, specifically to invite non-government organizations as observers in the Bids and Awards Committee proceedings to enhance transparency.
Republic Act No. 9184, also known as the Government Procurement Reform Act, mandates the invitation of non-government organizations as observers in BAC proceedings, pursuant to Section 13, Article V.
Observers, including representatives from private groups related to the procurement sector and non-government organizations, are invited to sit in BAC proceedings to promote transparency in the government procurement process.
Heads of National Government agencies, government-owned and controlled corporations, and local government units are required to comply with the provisions.
At least two observers must be invited: one from a duly recognized private group in a sector or discipline relevant to the procurement at hand, and one from a non-government organization.
Yes, the presence of a representative from the Commission on Audit is required in all stages of the procurement process alongside the invited observers.
The legal basis is found in Section 13, Article V of Republic Act No. 9184 and its Implementing Rules and Regulations (IRR).
The intended effect is to enhance transparency and accountability in the government procurement process.
The memorandum itself primarily serves as a reminder to comply and does not specify penalties; however, non-compliance with RA 9184 provisions may entail administrative sanctions under the law.