Section 43Sec./Art. 43

Observers. - To enhance the transparency of the process, the BAC shall, in all stages of the procurement process invite, in addition to the representative of the COA, at least two (2) observers to sit in its proceedings: one (1) from a duly recognized private group in a sector or discipline relevant to the procurement at hand, and the other from a civil society organization (CSO) or people's organization (PO), as the case may be: Provided, That they do not have any direct or indirect interest in the contract to be bid out. The private group or CSO or PO shall be duly registered with the SEC or the CDA, as the case may be, and the observers therefrom shall meet the following qualifications:

(a) Knowledge, experience or expertise in procurement or in the subject matter of the contract bid;

(b) Absence of actual or potential conflict of interest in the contract to be bid out; and

(c) Any other relevant criteria that may be determined by the GPPB under the IRR:

Provided, further, That the head of the sector, discipline or organization duly certifies that the observer is a member in good standing. Each observer shall make a separate report on the conduct of the public bidding, its procedures, conditions, and problems, if any, which shall be submitted to the HoPE, PhilGEPS and COA. The GPPB shall prescribe the form of report.

The GPPB shall maintain a registry or roster of qualified observers for the benefits of the Procuring Entities and shall have the authority to determine additional qualifications of the observers.