Operational Guidelines on BAC Observer Feedback & Complaint Handling

Mechanism of the Office of the Ombudsman

Legal Mandate

Second paragraph of the Section 13.4 (1) (Responsibilities of the Observers) of the IRR
of RA 9184 (implementing Section 13, Article V of RA 9184) provides:
“Observers may also give a copy of their report to the Office of the Ombudsman/Resident
Ombudsman if the BAC is found to have failed in following the prescribed bidding
procedures or for any justifiable and reasonable ground where the award of the contract
will not redound to the benefit of the Government as defined in this IRR-A.” (emphasis
supplied)

SCOPE

• All officials/employees of the OMB

• All Resident Ombudsman, both organic and non-organic to the OMB
• BAC observers from various civil society organizations (CSOs) and professional
associations

Duties and Responsibilities of BAC Observers

• The BAC observer shall submit to the OMB/RO a copy of his/her DR together
with its attachments.

Duties and Responsibilities of BAC Observers

As far as practicable, the BAC observer shall ensure that the DR is accomplished
by the ff documents:

• Attendance Sheet
• Advertisement (or a Certificate of Advertisement)
• G-EPS Transmittal Report
• Instructions to Bidders
• List of Bidders who secured Bidding Documents
• List of Bidders who submitted Bids
 • Checklists used for checking completeness of Eligibility Documents, Technical
Proposals, and Financial Proposals

Duties and Responsibilities of BAC Observers

• Shall indicate in his/her DR the exact address of the Procuring Entity and the
names of its Head and the BAC Chairman

• If the deviations in the procurement process had been observed, the BAC observer
may file a sworn criminal and/or administrative complaint against HOPE, BAC
Chairman and/or any BAC member

Duties and Responsibilities of BAC Observers

If the procuring entity is in the NCR, the Observer may file a sworn criminal complaint
with:

• RO of the procuring entity; or

• AO PACPO, thru the Director BRO.
• Appropriate Administrative Tribunal, such as the Legal Department of the
procuring entity, the CSC Central or Field Office, the PAGC presidential
appointees, and the DILG for LGUs

Duties and Responsibilities of BAC Observers

For procuring entities outside NCR, the Observer may file a sworn criminal complaint
with:

• The RO of the procuring entity; or

• The appropriate sectoral/area/regional office of the Office of the Ombudsman
(OMB-Luzon, OMB-Visayas, OMB-Mindanao, OMB-MOLEO); or
• The Provincial or City Prosecutor’s (Fiscal’s) Office of the province or city where
the procuring entity is located
 Duties and Responsibilities of BAC Observers

The Observer may file a sworn administrative complaint with:

• RO of the procuring entity; or

• Appropriate sectoral/area/regional office of the OMB; or
• Field Office of the CSC where the procuring entity is located; or
• Appropriate Administrative Tribunal, such as the Legal Department of the
procuring entity, PAGC (for presidential appointees), and the DILG (for LGUs)

Dusties and Responsibilities of BAC Observers

• BAC observer shall clearly and specifically narrate in the DR the detaisl on how
the procurement-related offense/s was/were committed.

• To substantiate the complaint the BAC observer shall attach all the supporting
documentary evidence.

Duties and Responsibilities of BAC Observers

• If the complaint is not sufficient in substance, the BAC observer may seek the
assistance of the RO/BRO action officer for proper advice and direction needed.

Duties and Responsibilities of BAC Observers

• If the BAC observer is not willing to act as complainant, he/she shall expressly
manifest such option to the RO/BRO action officer.

• BAC observer shall make himself /herself available if summoned to appear before
any investigative body for verification/confirmation of his/her DR

Procedure for handling BAC observer’s feedback

The RO assigns a reference number to the DR

The DR reference number should indicate the following:

• Abbreviated name of the Procuring Entity
• The RO/OMB office where the DR was filed
• The year the DR was filed
• The DR number
• The month when the DR was filed
• The initials PW (procurement watch) in the parentheses to indicate that the same
involves a procurement report and to distinguish it from the general mill of IR
filed with the OMB

Procedure for handling BAC observer’s feedback

• Within 2 wd, the RO BRO action officer prepares a letter-notice addressed to the
HOPE & BAC chairman

• The letter-notice must be transmitted by personal service together with the

duplicate & triplicate copies of DR
• The original copy of the DR shall be stamped received by HOPE & BAC
chairman
• The original copy of the DR shall be kept as the file of the RO/BRO action
officer
• Within 5 wd, the RO/BRO action shall prepare and transmit an ER together with
the Affidavit of Service and the original copy of the stamped receipt of the DR
and attachment to OA PACPO thru BRO Director

The ER shall state the action taken and/or recommendation

• Within 3 days after transmittal of ER, the PRO/BRO action officer shall inform in
writing the BAC observer of the action taken by the DR

• Within 3cd from receipt of the ER and DR, the AO PACPO shall formally inform
the HOPE and BAC Chairman of the DR submitted by the BAC observer

• What are the possible recommendations of the RO/BRO action officer in the ER?

• Further fact-finding investigation

• Conduct a preliminary investigation and/or administrative adjudication
• Closure and termination
• If the ER recommends further fact finding investigation, OMB-FIO shall conduct
fact-finding investigation within 30 cd from receipt of the endorsement

IR shall be submitted within 5 cd from the termination of the investigation, copy

furnished the BRO and BAC director observer

• What will happen after fact-finding investigation?

If the cases had been built up, then proceed with PI and/or AA

If the case had not been built up, then the case shall be closed and terminated

• If the ER recommends for the conduct of the PI and/or AA

Within 3wd, the BRO director shall issue an order requiring respondent to submit
a CA within 10cd from receipt of Order
cc: complainant

Procedure for handling BAC observer’s complaint

• If the compliant is sufficient in form and substance, the RO/BRO action officer
shall within 2 wd, prepare recommending the criminal and/or administrative
docketing of the compliant
• The RO/BRO action officer shall also draft an Order signed by the BRO Director
directing the respondent to file a CA within 5cd from receipt of the Order
• Within 2wd, the BRO Director shall indorse to the Central Record Division for
the docketing of the criminal and/or administrative compliant and signs the Order
of Person’s complained of submit CA
• The CRD assigns a docket number to the case before releasing the order to
submit the CA
• If the complaint is insufficient in substance the RO/BRO action officer shall assist
the BAC observer in the case build-up by giving proper advice and direction
needed
• If the compliant is still insufficient in substance or the evidence gathered does not
warrant the taking of further action, the RO?BRO action officer may recommend
the closure and termination of the compliant
• If the BAC observer is not willing to be the complaint, the RO/BRO action officer
shall prepare the ER recommending that the OMB/FIO act as the nominal
compliant.