Title
Reminding agencies to invite NGO observers per RA 9184
Law
Op Memorandum Order No. 144
Decision Date
Aug 13, 2004
Heads of national government agencies and local government units are mandated to invite representatives from recognized private groups and non-government organizations as observers in procurement proceedings to ensure transparency, as stipulated in Republic Act No. 9184.
A

Mandate for Inclusion of Observers

  • Requires the invitation of at least two observers during all stages of the procurement process conducted by the Bids and Awards Committee (BAC).
  • Observers serve to enhance transparency in government procurement.

Designation and Qualification of Observers

  • One observer must be from a duly recognized private group relevant to the sector or discipline related to the procurement activity.
  • The other observer must be from a non-government organization (NGO).
  • The observers are in addition to the Commission on Audit (COA) representative, who is also mandated to attend BAC proceedings.

Procedural Implementation

  • Observers are to be invited to participate in all BAC proceedings, making their presence a regular and integral part of the procurement process.

Purpose and Legal Basis

  • The requirement is grounded legally on Section 13, Article V of RA 9184 and its Implementing Rules and Regulations (IRR).
  • The primary purpose is to promote transparency, accountability, and public confidence in government procurement activities.

Authority and Enforcement

  • The Memorandum Order was issued by the Office of the Executive Secretary under the authority of the President.
  • It reiterates existing statutory obligations to ensure adherence among all concerned government entities.

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