Law Summary
Legal Basis and Compliance Reminder
- Reinforces compliance with Section 13, Article V of Republic Act No. 9184 (Government Procurement Reform Act).
- Emphasizes adherence to the Implementing Rules and Regulations (IRR) of RA 9184.
- Issued as a reminder by the Executive Secretary pursuant to authority of the President.
Invitation of Observers in Procurement Proceedings
- Requires Heads of agencies and entities to invite observers in all stages of the procurement process.
- Observers to include:
- Representative from the Commission on Audit (COA).
- At least two (2) observers:
- One (1) from a duly recognized private group relevant to the sector or discipline of the procurement.
- One (1) from a non-government organization (NGO).
Purpose of Observer Inclusion
- Enhances transparency in the procurement process.
- Provides additional oversight aside from the COA representative.
- Encourages civil society participation and monitoring in government procurement activities.
Procedural Requirements for Heads of Procuring Entities
- Heads must ensure timely invitation and inclusion of the designated observers during Bids and Awards Committee (BAC) proceedings.
- Observers must be allowed to sit and participate throughout all stages of the BAC meetings and procurement evaluation.
Authority and Enforcement
- Issued by the Executive Secretary under the authority of the President.
- Serves as an administrative directive to enforce compliance with the transparency provision of RA 9184.
- Aims to institutionalize transparency practices in public procurement to prevent corruption and irregularities.