To enhance the transparency of the process, the BAC shall, during the eligibility checking, shortlisting, pre-bid conference, preliminary examination of bids, bid evaluation, and post-qualification, invite:
Representative of the COA
At least two (2) observers, who shall not have the right to vote, to sit in its proceedings
At least one (1) shall come from a duly recognized private group in a sector or discipline relevant to the procurement at hand, for example:
For Infrastructure Projects, national associations of constructors duly recognized by the Construction Industry Authority of the Philippines (CIAP), such as, but not limited to the following: (1) Philippine Constructors Association, Inc.; or (2) National Constructors Association of the Philippines, Inc.
For Goods, a specific relevant chamber-member of the Philippine Chamber of Commerce and Industry.
For Consulting Services, a project-related professional organization accredited or duly recognized by the Professional Regulation Commission or the Supreme Court, such as, but not limited to: (1) Philippine Institute of Civil Engineers (PICE); (2) Philippine Institute of Certified Public Accountants (PICPA); or (3) Confederation of Filipino Consulting Organizations;
The other observer shall come from a non-government organization (NGO).
The observers shall come from an organization duly registered with the Securities and Exchange Commission (SEC) or the Cooperative Development Authority (CDA), and should meet the following criteria:
Knowledge, experience or expertise in procurement or in the subject matter of the contract to be bid;
Absence of actual or potential conflict of interest in the contract to be bid; and
Any other relevant criteria that may be determined by the BAC.
Observers shall be invited at least five (5) calendar days before the date of the procurement stage/activity. The absence of observers will not nullify the BAC proceedings: Provided, That they have been duly invited in writing. The Procuring Entities should ensure that the invitation is received at least five (5) calendar days before each procurement activity. In the event that a procurement activity has to be postponed, the observers shall be notified immediately of the change in schedule.
The observers shall have the following responsibilities:
To prepare the report either jointly or separately indicating their observations made on the procurement activities conducted by the BAC for submission to the HoPE, copy furnished the BAC Chairperson. The report shall assess the extent of the BAC’s compliance with the provisions of this IRR and areas of improvement in the BAC’s proceedings;
to submit their report to the Procuring Entity and furnish a copy to the GPPB and Office of the Ombudsman/Resident Ombudsman. If no report is submitted by the observer within seven (7) calendar days after each procurement activity, then it is presumed that the bidding activity conducted by the BAC followed the correct procedure; and
To immediately inhibit and notify in writing the Procuring Entity concerned of any actual or potential interest in the contract to be bid.
Observers shall be allowed access to or be provided with the following documents free of charge upon their request: (a) minutes of BAC meetings; (b) abstract of Bids; (c) post-qualification summary report; (d) APP and related PPMP; and (e) opened proposals.
In all instances, observers shall be required to enter into a confidentiality agreement with the concerned Procuring Entity in accordance with the form prescribed by the GPPB.
