Requesting Entity: Philippine Health Insurance Corporation
Issues Concern: Application of Republic Act 9184 and its Implementing Rules and Regulations Part A
Whether or not the participation of Observers and the Representative of the Commission on Audit (COA) in the Pre-Procurement Conference is required.
[T]he law limits the stages of the bidding process where the BAC is impose upon to invite participation of observers. However, taking into account the purpose and character of a pre-procurement conference, it may be rightly said that the same is principally an internal proceeding of the procuring entity.
In other words, the procuring entities are not compelled under the law to invite observers and a COA representative during the pre-procurement conference. However, this does not mean their prohibition from requesting the participation of said observers at such stage.